Sunil Pandurang Arde v. The State Of Maharashtra Through The Deputy Secretary Dept. Of Industries Energy And Labour And ORS

by GAURI AMIT GAEKWAD Date:

2025.04.01 10:44:57 +0530 GAURI AMIT GAEKWAD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4246 OF 2025 Sunil Pandurang Arde and Ors.

....Petitioners

Versus

The State of Maharashtra and Ors.

....Respondents ---- Mr. Avinash Belage for the Petitioner.

Mr. Abhijeet Naik, AGP for Respondent No.1.

Mr. Kedar Lad a/w. Mr. Amey Prasad Atigre for Respondent Nos.3, 4 and 5.

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

DATE : 28th MARCH, 2025 P.C. :- 1.

Leave to add 'Assistant Commissioner, Skill Development, Employment and Entrepreneurship Guidance Centre, Kolhapur' as Respondent No.6 and 'Kisanputra Educated Unemployed and Self Employed Co-operative Society Limited' Shirdhon, Taluka Shirol, as Respondent No.7. Addition be carried out within one week from today.

2.

The Petitioners are registered with Respondent No.2, Security Guards Board. By a communication dated 7th March, 2024, Respondent No.3 called upon the Board to deploy seven security

guards for one year. Respondent No.3 is also registered under the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. Accordingly, these Petitioners were deployed.

3.

The impugned communication dated 7th March, 2025 issued by Respondent No.3, addressed to Respondent No.2, indicates that these Petitioners are to be replaced by contractual employees supplied by Kisanputra Educated Unemployed and Self Employed Co-operative Society Limited Shirdhon, Taluka Shirol. Respondent No.2 needs to react to the said communication since the security guards deployed by the Board are not to be replaced by private security guards engaged from some private agency without the intervention of the Board.

4.

Issue notice to the Respondents, returnable on 29th April, 2025. The learned AGP waives service of notice on behalf of Respondent No.1. Mr. Lad, the learned Advocate also waives service of notice on behalf of Respondent Nos.3 to 5.

5.

Let the affidavits in reply be filed, at least, one week prior to the returnable date. In the interregnum, let Respondent No.2 deal with the communication dated 7th March, 2025. 6.

Until further orders in this Petition, the service conditions applicable to the Petitioners and their continuation on contractual basis shall be maintained.

7.

Spare copies of the Petition Paper Book to effectuate service of notice on the unserved Respondents, shall be supplied on or before 8th April, 2025, failing which, the ad-interim protection granted today would stand vacated without reference to the Court, on 9th April, 2025.

8.

Office objections, if any, to be removed, on or before 8th April, 2025, failing which, this Petition shall stand dismissed without reference to the Court, on 9th April, 2025. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)