Fatturam S/O Visambhar Sahu And Others v. State Of Maha.,Ministry Of Govt.Of Maha.,Dept. Of Industries, Energy And Labour, Thr. Secy. And ORS

2025:BHC-NAG:3404-DB 1 925.WP.6181-2024 & ANR..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6181 OF 2024 ( Kamlesh s/o Suresh Chakole & Ors.

Vs.

State of Maharashtra, Thr. its Secretary Ministry of Industries, Energy and Labour, MERC, Mumbai & Ors. ) WITH WRIT PETITION NO. 5175 OF 2024 ( Fatturam S/o Visambhar Sahu & Ors.

Vs.

State of Maharashtra, Ministry of Government of Maharashtra; Department of Industries, Energy and Labour, MERC, Mumbai, Thr. its Secretary & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.M. Mate & Mr. D.S. Thakur, Advocates for the Petitioners in respective Petitions.

Mr. P.P. Pendke, AGP for the Respondent No.1/State. Mr. N.S. Rao, Advocate for the Respondent Nos. 2 & 3. Mr. F.T. Mirza, Senior Advocate a/b Mr. S.N. Kumar, Advocate for the Respondent No.4.

CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 2nd APRIL, 2025 1.

Heard.

2.

The Petitions basically are addressed against the Mathadi Board on the plea, that the Petitioners who are Mathadi workers and are therefore entitled to be engaged for manual labour are not being provided the same, inspite of work being available at the private railway siding at Kanhan,

2 925.WP.6181-2024 & ANR..odt which is being operated by one Anandam Logistics and Warehousing Infrastructure Pvt. Ltd., who is now operating the same, as is indicated by the submissions on behalf of the Respondent No.4 and the Mathadi Board.

3.

We have perused the Petitions with the assistance of the learned Counsels for the Petitioners.

4.

Upon a complaint being made by the Petitioners to the Mathadi Board, an inspection was arranged on 05.02.2024 at around 05.30 p.m., at the private railway siding, in which it has been found, that the entire work is being done by use of machines and there is no manual work available.

5.

As of now, there is no material placed on record by the Petitioners, to indicate that there is manual work available at the aforesaid private siding, on account of which, for lack of requisite data and documents, it is not possible, to accept the contention of the Petitioners that the manual labour work is available at the aforesaid place, on account of which, we are not inclined to entertain the Petitions. 6.

We, however, make it clear, that in case the Petitioners come across with the requisite material or data, to indicate availability of manual labour work at the aforesaid siding and in case it is not being provided to them, they would be entitled to approach the Mathadi Board for allotment of such work and in case of any denial to approach this Court, if the law so permits.

3 925.WP.6181-2024 & ANR..odt 7.

The Petitions are therefore dismissed. No costs. 8.

Pending application/s, if any, shall stand disposed of accordingly.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 03/04/2025 14:58:41