Aniket Rohidas Dhankawade And ORS v. The State Of Maharashtra Thr. The Principal Secretary Urban Dev. Dep. And ORS

Digitally signed by GAURI AMIT GAEKWAD Date:

2025.02.17 11:05:21 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.42 OF 2025 Aniket Rohidas Dhankawade and Ors.

....Petitioners

Versus

The State of Maharashtra and Ors.

....Respondents ---- Mr. S.R. Deshpande for the Petitioners.

Mr. P.P. Kakade, Addl. GP a/w. Ms. P.N. Diwan, AGP for the State. Mr. Rhishikesh M. Pethe for Respondent Nos.2 and 3. ---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 13th FEBRUARY, 2025 P.C. :- 1.

All these Petitioners are working on daily wages with the Corporation. Before the Grampanchayat, Uttamnagar, Taluka Haveli, District Pune, merged in the Pune Municipal Corporation, these Petitioners were inducted on daily wages by the Grampanchayat in June, 2016, before the Government Resolution for merger dated 4th October, 2017 was issued. All of them are presently disengaged from 22nd June, 2018 and this Petition has been filed on 13th December, 2024.

2.

We suggested to the learned Advocate for the Petitioner as to whether these Petitioner are agreeable to avail of a remedy as

may be permissible before the Labour Court, keeping in view the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 or the Industrial Disputes Act, 1947. The Petitioners are not agreeable to avail of this remedy. 3.

Keeping open the issue of delay and laches, Rule. 4.

Considering the conspectus of the matter, it is quite apparent that oral and documentary evidence will have to be led in order to establish individual claims of these daily wage workers. They will first have to overcome their disengagement as daily wagers, 7 years ago. Then the issue of regularisation would crop up. Considering that final relief cannot be granted at the interim stage, no interim relief.

5.

Issue notice to the Respondents. The learned AGP waives service of notice on behalf of Respondent No.1. Mr. Pethe, the learned Advocate also waives service of notice on behalf of Respondent Nos.2 and 3.

6.

Let the pleadings be completed within a period of 60 days from today. Rejoinder, if any, to be filed within 30 days thereafter.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)