Bombay Dyeing And Manfacturing Co Ltd v. Grocery Market And Shops Board For Greater Mumbai And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION (SR. NO.2)WRIT PETITION NO.5539 OF 2023 Subhash S Gaikwad & Ors.

....Petitioners versus The State of Maharashtra & Ors.

....Respondents AND (SR. NO.3)WRIT PETITION NO.8558 OF 2024 Akhil Bhartiya Mathadi, Suraksharakshak, Shramajeevi & General Kamgar Union ....Petitioner versus The State of Maharashtra & Ors.

....Respondents AND (SR. NO.4) WRIT PETITION NO.864 OF 2025 Daivya Enterprises LLp & Anr.

....Petitioners versus Grocery Market & Shops Board for Greater Mumbai Thane & Raigad Dist. & Ors.

....Respondents WITH WRIT PETITION NO.1552 OF 2025 Fedex Express Transportation and Supply Chain Services (India) Pvt Ltd.

....Petitioner versus Goods Transport Labour Board, Mumbai & Ors.

....Respondents

WITH WRIT PETITION NO.1841 OF 2025 Parle Agro Pvt Ltd ....Petitioner versus Grocery Markets and Shops Labour Board, Mumbai & Ors.

....Respondents WITH WRIT PETITION NO.6268 OF 2024 The Bombay Dyeing & Manufacturing Co. Ltd (Polyester Plant) ....Petitioner versus Grocery Markets & Shops Board for Greater Mumbai, Thane & Raigad District Through the Chairman& Ors.

....Respondents WITH WRIT PETITION NO.17653 OF 2024 Bombay Dyeing and Manufacturing Co. Ltd. (Polyester Division) ....Petitioner versus Grocery Market & Shops Board for Greater Mumbai Thane & Raigad Districts Through the Chairman & Ors.

....Respondents WITH WRIT PETITION NO.18102 OF 2024 Bombay Dyeing and Manufacturing Co. Ltd. (Polyester Division) ....Petitioner versus Grocery Market & Shops Board for Greater Mumbai, Thane and Raigad District & Ors.

....Respondents

Mr. Suresh Pakale a/w Mr. Nilesh Desai, Advocate for the Petitioners in WP/5539/2023.

Mr. S.S. Pakale, Senior Advocate a/w Mr. Nilesh Desai i/b. Ms. Padmaja Malgaonkar, Advocate for the Petitioners in WP/8558/2024.

Mr. J.P. Cama, Senior Advocate a/w Mr. Avinash Jalisatgi, T.R. Yadav, Ms. Divya Wadekar, Advocate for the Petitioners in WP/1552/2025, WP/1841/2025, WP/6268/2024, WP/17653/2024, WP/18102/2024.

Mr. Yogendra Sharma, Advocate for the Petitioners in WP/864/2025. Mr. Avinash Jalisatgi a/w Ms. Divya Wadekar, Advocate for Respondent No.5 in WP/5539/2023.

Mr. Kiran Bapat, Senior Advocate a/w Ms. Melanie Dsouza i/b. M/s. A.S. Dayal & Associates, Advocate for Respondent Nos.3 and 4 in WP/5539/2023.

Mr. Meelan S. Topkar a/w Ms. Pavitra Manesh, Mr. K.S. Thorat, 'B' Panel Advocate, for Respondent No.1 in WP/5539/2023. Mr. Meelan S. Topkar a/w Ms. Pavitra Manesh, Advocate for Respondent No.3 in WP/8558/2024.

Ms. Kamini Pansare i/b. M/s. V.M. Legal, Advocate for Respondent No.5 in WP/8558/2024.

Mr. Kiran Bapat, Senior Advocate a/w Ms. Divya Wadekar, Advocate for Respondent No.6 in WP/8558/2024. Mr. Rahul D. Oak, Advocate for Respondent No.3 in WP/8558/2024.

Mr. B.S. Mahamulkar, Advocate for Respondent No.4 in WP/8558/2024.

Mr. B.V. Samant, Additional G.P. a/w Ms. Nisha Mehra, AGP for Respondent Nos.1 and 2 in WP/8558/2024.

Mr. Rahul D. Oak, Advocate for Respondent No.5 in WP/864/2025. Mr. M.S. Topkar a/w Ms. Pavitra Manesh, Advocate for Respondent No.2 in WP/5539/2023, WP/18102/2024, WP/17653/2024.

Mr. Sanjay P. Shinde, Advocate for Respondent No.1 in WP/17653/2024.

Mr. Sunil Kharwal a/w Ms. Sushma Sharma, Advocate for Respondent Nos.3 and 4 in WP/1552/2025.

Mr. S.S. Pakale, Senior Advocate a/w Mr. Nitin Desai i/b. Ms. Padmaja Malgaonkar, Advocate for Respondent No.2 in WP/864/2025.

Mr. B.V. Samant, Additional G.P., for Respondent No.6 in WP/864/2025.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 3rd APRIL, 2025 P.C. :- 1.

The learned Additional G.P. has placed before us a copy of the LC Bill No.III of 2025, dated 19th March, 2025 (5 pages). The same is taken on record and marked as 'X-1' for identification. 2.

He informs that the said bill pertains to the amendment to the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969. At clause 7, Section 14 is sought to be amended with the introduction of subSection 1A, enabling the State Government to issue a notification or take a decision for implementation of the provisions of the Act without advise or consultation of the Advisory Committee, if the Advisory Committee is not functional for any reason.

3.

The said provision is relevant to the cause that is being taken up in these matters wherein it has been brought to our notice that the Special Board under Section 6A appointed for dealing with the implementation of the provisions of the Act in the form and nature of a Single Member Board for the various Boards, is continued for more than 20 years. Under Section 6, the Board has to be constituted by the Government. The learned Additional G.P. submits that the Hon'ble Governor is likely to grant his assent to the said Bill No.III of 2025, shortly.

4.

As such, on his request, we are listing Writ Petition Nos.1552 of 2025, 1841 of 2025, 17653 of 2024 and 18102 of 2024 on 15th April, 2025 at 2.30 p.m.

5.

Writ Petition No. 8558 of 2024 would be listed on 16th April, 2025 along with Writ Petition No.864 of 2025. 6.

On 16th April, 2025, as we hear Writ Petition No.8558 of 2024, thereafter, we would allot dates to the other matters for hearing separately, as per the requests of the learned Advocates, without putting them in a bunch of matters considering that all the learned Advocates desire to address the Court on the facts of each case.

7.

Interim relief granted in the matters concerned, would continue.

In Writ Petition No.1552 of 2025:

8.

Additional Affidavit with documents be tendered in the office by Respondent Nos.3 and 4.

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