Maharashtra Mathadi Transport And General Kamgar Union v. The State Of Maharashtra Ministry Of Industries Energy And Labour Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3683 OF 2025 Maharashtra Mathadi Transport and General Kamgar Union ....Petitioner versus The State of Maharashtra & Ors.

....Respondents Mr. Dhruv Karnik (Through VC), Advocate for the Petitioner. Mr. V.G. Badgujar, AGP for Respondent No.1.

Mr. B.S. Mahamulkar, Advocate for Respondent No.2. Mr. Mihir Desai (Senior Advocate) a/w Ms. Simran Kaur, M/s. Jerome Merchant and Partners, Advocate for Respondent Nos.3 and 4.

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

DATE : 7th APRIL, 2025 P.C. :- 1.

The learned Senior Advocate representing Respondent Nos.3 and 4, submits that Respondent No.5 is a registered Contractor with the Mathadi Board and the Mathadi Workers through Respondent No.5 are deployed with Respondent No.4. So far as Respondent No.3 is concerned, a different Contractor is

registered with the Mathadi Board, namely, Sairaj Enterprises. Since this entity is registered with the Mathadi Board, the Board cannot independently send tolis to Respondent No.3 de-hors this Contractor.

2.

We direct the Petitioner to add Sairaj Enterprises as Respondent No.6 with the postal address being supplied by Respondent No.3. Addition be carried out forthwith. 3.

Issue notice to the Respondents, returnable on 18th June, 2025. Mr. V.G. Badgujar, the learned AGP waives service of notice on behalf of Respondent No.1. Mr. B.S. Mahamulkar, the learned Advocate waives service of notice on behalf of Respondent No.2. Mr. Mihir Desai, the learned Senior Advocate waives service of notice on behalf of Respondent Nos.3 and 4.

4.

Let the Affidavit-in-Reply be filed on or before 11th June, 2025.

5.

Until further orders, no coercive steps would be taken to insist for the deployment of Toli No.2950 at Respondent No.3. However, we clarify that if Respondent No.6 is not registered for the purpose of deploying the Mathadi Workers with Respondent No.3, the said warehouse will ensure that unregistered Mathadi Workers

will not be deployed and in which situation, it is at liberty to request the Board to deploy those Mathadi Workers who are registered with the Board.

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