Bombay High CourtWP/4559/2016dismissedrule discharged

Gajanan Maroti Jivtode And Others v. State Of Maharashtra Thr. Principal Secretary Dept. Of Industry Energy Of Labour, Mumbai And Others

2016-11-24Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

2411wp4559.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4559/2016 Gajanan Maroti Jivtode and others ...Versus...

State of Maharashtra, through its Principal Secretary, Department of Industry, Energy and Labour, Mantralaya, Mumbai 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.Y. Deopujari, Advocate for petitioners Mrs. G.R. Tiwari, AGP for respondent nos.1 and 4 Ms Sonia Gajbhiye, Adv. h/f Shri S.R. Narnaware, Adv. for respondent nos.2 and 3 CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 24.11.2016 Heard.

The learned Counsel for the respondents raises a preliminary objection to the tenability of the writ petition. It is stated that an alternate remedy for compensation is available to the petitioners. It is stated that instead of availing alternate remedy, the petitioners have rushed to this Court and are seeking a blanket order against the respondents to grant compensation, as per the Government Resolutions.

We uphold the preliminary objection raised on behalf of the respondents. When the petitioners are entitled to ventilate their grievance in regard to the inadequacy of compensation before the appropriate authority, they cannot be permitted to

2411wp4559.16.odt approach this Court for a direction to the respondents to pay the compensation, as per the Government Resolutions mentioned in the writ petition. It would be for the petitioners to point out the Government Resolutions, if so advised, before the appropriate authority.

The writ petition is dismissed with no order as to costs. The points raised in the petition are kept open. JUDGE JUDGE Wadkar