Swapnil Bhaskar Dalvi And ORS v. The Manager (Tushar Vyavahare) Technocraft Industries Yarn Division And ANR

1 10-WP-8203-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8203 OF 2024 Swapnil Bhaskar Dalvi And Ors

...Petitioners

Versus

The Manager (Tushar Vyavahare) Technocraft Industries Yarn Division And Anr

...Respondents

**** None for the Petitioners.

Mr. Avinash Jalsatgi a/w Divya Wadeakr for the Respondent No.1 **** SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2024.07.09 18:35:56 +0530 CORAM : NITIN JAMDAR AND M.M. SATHAYE, JJ.

DATE : 3 JULY 2024 P.C. :

.

None for the Petitioners. The Petitioners are seeking writ of mandamus to Respondent No.1 who is a private entity to provide work. The learned counsel for Respondent No.1 raised preliminary objection regarding maintainability.

2.

The pleadings in the petition would show that the recourse ot writ jurisdiction is entirely misconceived. If the Petitioners make out a case of being workmen and have rights under the Labour laws, they can always approach the Industrial adjudicator, provided they satisfy other criteria and subject to delay etc. Even for gratuity, there are statutory forums provided.

Sneha Chavan

2 10-WP-8203-2024.doc 3.

Since, this Writ Petition cannot be entertained, keeping all contentions of both the parties open, in case, the Petitioners approach the appropriate forum, we dispose of this Writ Petition. (M.M. SATHAYE, J.) (NITIN JAMDAR, J.) Sneha Chavan