Shri Sameer Sukhdevraoji Bhange And Others v. State Of Maha. Ministry Of Industries, Energy And Labour Deptt. Through Secty, And Other

2808wp5010.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5010/2015 Shri Sameer Sukhdevraoji Bhange and others ...Versus...

State of Maharashtra, Ministry of Industries, Energy & Labour, Department of Industries, Energy & Labour, Mantralaya, Mumbai through Secretary 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 A.P. Wachasundar, Advocate for petitioners Ms N.P. Mehta, AGP for respondent nos.1 to 3 CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 28.08.2015 The petitioners have made the following prayers : "(i) Direct the Respondent Nos.1 & 2 to expunge the portion "not to abolish the contract labour system" and "to consider the subject after a period of one year" as found recorded in the minutes of meeting dated 29.05.2014 (Annexure-F) and 25.07.2014, as recorded in letter dated 30.08.2014 (Annexure-E) of the Respondent No.1, in the interest of justice.

2808wp5010.15.odt (ii) Direct the Respondent nos.1 & 2 to comply with order dated 24.12.2013 passed in the Writ Petition 503/2012 by this Hon'ble Court and complete the proceedings in such given time as may be deemed fit and necessary in the facts and circumstances in the interest of justice."

The prayer made in prayer clause (i) is premature. No direction can be issued to the respondent nos.1 and 2 to expunge the portion "not to abolish the contract labour system" and "to consider the subject after a period of one year". It appears that the respondents have still not taken a decision in the matter and the petitioners have approached this Court to seek to expunge the portion in the minutes of meeting dated 29.5.2014. Such a relief cannot be granted.

So also, the relief sought by the petitioners by prayer clause (ii) also cannot be granted. A direction cannot be again issued to the respondent nos.1 and 2 to comply with the order dated 24.12.2013 in Writ Petition No.503/2012. If the orders are not complied by the respondents, the petitioners in the said petition would have other remedies.

Since there is no merit in the writ petition, the same is dismissed with no order as to costs.

JUDGE JUDGE Wadkar