Sunanda Narashi Gavit v. The State Of Maharashtra Through Its Secretary And Others
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 904 WRIT PETITION NO.12356 OF 2023 SHASHIKANT BALAM GAIKWAD 905 WRIT PETITION NO.12357 OF 2023 MAYURKUMAR PAPALAL NIKUMBH 906 WRIT PETITION NO.12358 OF 2023 SURYAKANT SUHAS PAWARA 907 WRIT PETITION NO.12359 OF 2023 AJAY SATISH SONAWANE 908 WRIT PETITION NO.12360 OF 2023 MANISHA VIJESING GAVIT
(( 2 )) 904 to 958 & 970-wp-12356-2023+ 909 WRIT PETITION NO.12361 OF 2023 SUNITA BHANGA PADVI 910 WRIT PETITION NO.12362 OF 2023 AVINASH DILIP KHAIRNAR 911 WRIT PETITION NO.12363 OF 2023 ATUL ISHWARLAL BHAVSAR 912 WRIT PETITION NO.12364 OF 2023 VIVEKANAND VASANTRAO PARMAR 913 WRIT PETITION NO.12365 OF 2023 SUNITA BHARAT GAVIT
(( 3 )) 904 to 958 & 970-wp-12356-2023+ 914 WRIT PETITION NO.12366 OF 2023 JOSNA SHANKAR MAVCHI 915 WRIT PETITION NO.12367 OF 2023 TUKARAM MADHAV PADVI 916 WRIT PETITION NO.12368 OF 2023 MARTHA KAMU VASAVE 917 WRIT PETITION NO.12369 OF 2023 SUNANDA NARASHI GAVIT 918 WRIT PETITION NO.12370 OF 2023 CHETAN CHANDRAPALSINGH RAJPUT
(( 4 )) 904 to 958 & 970-wp-12356-2023+ 919 WRIT PETITION NO.12371 OF 2023 TABASSUM NASIR PATHAN 920 WRIT PETITION NO.12372 OF 2023 THAGUBAI RUPLYA KUWAR 921 WRIT PETITION NO.12373 OF 2023 CHANDRAKALA LALSING PAWARA 922 WRIT PETITION NO.12374 OF 2023 SANJU DASHRATH VALVI 923 WRIT PETITION NO.12375 OF 2023 SAVITA GOTARAM PAWARA
(( 5 )) 904 to 958 & 970-wp-12356-2023+ 924 WRIT PETITION NO.12376 OF 2023 JERMI RUVAJI GAVIT 925 WRIT PETITION NO.12377 OF 2023 SHEETAL DILIP AGALE 926 WRIT PETITION NO.12378 OF 2023 JYOTI MANOHAR PADVI 927 WRIT PETITION NO.12379 OF 2023 RANJANA GOKUL VASAVE 928 WRIT PETITION NO.12380 OF 2023 ARUNA VIJAYSINGH VALVI
(( 6 )) 904 to 958 & 970-wp-12356-2023+ 929 WRIT PETITION NO.12381 OF 2023 SUKA BAPU GAVIT 930 WRIT PETITION NO.12382 OF 2023 SANDIPA JAYSING VASAVE 931 WRIT PETITION NO.12383 OF 2023 DIPALI SITARAM DHANGAR 932 WRIT PETITION NO.12384 OF 2023 JYOTI RAMESH JAWARE 933 WRIT PETITION NO.12385 OF 2023 VELANTI JUMA PARADKE THE STATE OF MAHARASHTRA AND OTHERS
(( 7 )) 904 to 958 & 970-wp-12356-2023+ 934 WRIT PETITION NO.12386 OF 2023 KAVITA SHIDYA VALVI 935 WRIT PETITION NO.12387 OF 2023 TUSHAR PUNJILAL THAKARE 936 WRIT PETITION NO.12388 OF 2023 TUSHAR DILIP GIRASE 937 WRIT PETITION NO.12389 OF 2023 PAVAN ARUN CHAUDHARI 938 WRIT PETITION NO.12390 OF 2023 SHITAL BALIRAM PADVI THE STATE OF MAHARASHTRA AND OTHERS
(( 8 )) 904 to 958 & 970-wp-12356-2023+ 939 WRIT PETITION NO.12391 OF 2023 MAHENDRA DATTU VALVI THE STATE OF MAHARASHTRA AND OTHERS 940 WRIT PETITION NO.12392 OF 2023 SARITA SHARAD PADVI 941 WRIT PETITION NO.12393 OF 2023 SULOCHANA KRUSHNA GAVIT 942 WRIT PETITION NO.12394 OF 2023 JAYASHREE AMARDAS GAVIT 943 WRIT PETITION NO.12395 OF 2023 MANJULA VANTYA MAVCHI
(( 9 )) 904 to 958 & 970-wp-12356-2023+ 944 WRIT PETITION NO.12396 OF 2023 KANCHAN VASU GAVIT 945 WRIT PETITION NO.12397 OF 2023 SANGITA SAYSING SHINDE 946 WRIT PETITION NO.12398 OF 2023 SHITAL MOGYA RATHOD 947 WRIT PETITION NO.12399 OF 2023 NARMADA KESHAVLAL CHAVHAN 948 WRIT PETITION NO.12400 OF 2023 PRIYANKA DYANIAL VALVI
(( 10 )) 904 to 958 & 970-wp-12356-2023+ 949 WRIT PETITION NO.12401 OF 2023 VISHAL POPAT THAKARE 950 WRIT PETITION NO.12402 OF 2023 BIJU RADHYA GAVIT 951 WRIT PETITION NO.12403 OF 2023 PUNAM BHAIDAS VALVI 952 WRIT PETITION NO.12404 OF 2023 NILIMA CHAGAN VALVI 953 WRIT PETITION NO.12405 OF 2023 MOGI BHARAT VALVI
(( 11 )) 904 to 958 & 970-wp-12356-2023+ 954 WRIT PETITION NO.12406 OF 2023 MADHURI RAMESH SHINDE 955 WRIT PETITION NO.12408 OF 2023 SUNANDA TUKDYA GAVIT 956 WRIT PETITION NO.12409 OF 2023 ANITA SHANKAR BHANDARI 957 WRIT PETITION NO.12410 OF 2023 VIJAY GOVIND BADGUJAR 958 WRIT PETITION NO.12411 OF 2023 ANITA WILSON SATHE
(( 12 )) 904 to 958 & 970-wp-12356-2023+ 970 WRIT PETITION NO.12763 OF 2023 GORAKH SAKHARAM KAMDE AND OTHERS ....
Mr. Ajinkya Reddy, Advocate for Petitioners in all Petitions Mr. V. M. Kagne, Mr. S. K. Tambe, Mr. S. G. Karlekar, Mr. P. K. Lakhotiya, AGPs for Respondents - State in respective Petitions ; Mr. D. B. Gaikwad, Standing Counsel for Respondent No.5 in W.P. Nos.12358, 12360, 12375, 12388, 12403, 12404, 12405, 12406, 12408, 12409, 12410, 12411, 12763 of 2023;
Ms D. S. Jape, Standing Counsel for Union of India in W.P. Nos.12367, 12398, 12399 of 2023;
Mr. Madhur A. Golegaonkar, Standing Counsel for Respondent No.5 in W.P. Nos. 12370, 12380, 12383 of 2023;
Mr. Suresh W. Munde, Standing Counsel for Respondent No.5 in W.P. Nos.12373, 12378, 12396 of 2023;
Mr. R. B. Bbosle, Standing Counsel for Respondent No.5 in W.P. Nos. 12366, 12381, 12385 of 2023;
Mr. Amol Patale, Standing Counsel for Union of India in W.P. Nos. 12399, 12411 of 2023;
Mr. Rahul S. Pawar, Standing Counsel for Respondent No.5 in W. P. Nos.12369, 12390 of 2023;
Mr. D. S. Bagul, Advocate for Respondent No.7 in W.P.No.12763 of ....
CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 12.10.2023 PER COURT :-
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The Petitioners in all these matters, are identically placed. One batch of identically placed Petitioners had approached this Court in Writ Petition Nos. 2161 of 2022 and other connected Writ Petitions. Vide the order dated 20.06.2022, this Court had issued certain directions to the Competent Authorities/Government to take a decision with regard to the Petitioners considering those who have complete ten [10] years on contractual basis, by following a particular procedure. It was also mentioned in the said order that those who have not approached this Court, should also be considered as they are similarly placed and are comparable workers. 2.
In another batch of Workmen who had approached this Court in Writ Petition No.10857 of 2023 and other connected Writ Petitions, similar orders were passed on 31.08.2023 and 120 days time was granted to arrive at a policy and take a decision within 150 days.
3.
Since the above stated orders were in 'Rem' and not in 'Persona', all these Petitioners before us are covered by the directions in the said order. We had ensured in our earlier orders that those
(( 14 )) 904 to 958 & 970-wp-12356-2023+ persons who were not before the Court should also be considered along with all the Petitioners. In view of the said order, the present Petitioners may also find their names in the said list of employees. 4.
As such, all these Writ Petitions are disposed off. The directions set out in the orders dated 20.06.2022 and 31.08.2023, shall apply to these Petitioners and their cases would also be considered by the Competent Authorities. In the event, their names are not set out in the proposals forwarded pursuant to our earlier orders, we direct the Competent Authorities to consider these Petitioners in the same manner and by following the same procedure and complete the exercise within 150 days.
5.
In the event any of such employees are aggrieved by the decision of the competent authorities and since the Kalelkar settlement is applicable to them, they would be at liberty to approach the Industrial Court under the MRTU and PULP Act, 1971 or by raising an industrial dispute under the Industrial Disputes Act, 1947. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS