Parle Agro Pvt Ltd. v. Grocery Markets And Shops Board (For Greater Mumbai , Palghar Raigad Districts) And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15632 OF 2025 Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2026.03.24 18:24:02 +0530 JITENDRA SHANKAR NIJASURE Parle Agro Private Ltd.

...Petitioner

Versus

Grocery Markets & Shops Board and Ors.

...Respondents

---------- Mr. J.P. Cama, Senior Advocate, with Avinash Jalisatgi, T.R. Yadav, Nagendra Dube and Mr. M. Vora for the Petitioner. Mr. Laxman S. Deshmukh, for Respondent No.4.

Mr. Kedar Dighe, Addl. G.P. with Smt. G.R. Raghuwanshi, AGP for Respondent No.5 - State.

---------- CORAM : R.I. CHAGLA AND ADVAIT M. SETHNA, JJ.

DATE :

23RD MARCH, 2026 ORDER :

1.

By this Writ Petition, the Petitioner is seeking a direction to the Respondent No.3 to constitute a full-fledged Tripartite Board in consonance with Section 6 of the Maharashtra Mathadi Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 ("the Act"). Further, a direction to the Respondent No.3 to withdraw, rescind, recall and/or set aside the said impugned Order 1/3

dated 18th July, 2025.

2.

Mr. J. P. Cama, the learned Senior Counsel appearing for the Petitioner states that in the Affidavit in Reply filed by the Respondent No.4, reference is made to the notification dated 11th November, 2025, (Exhibit R 3 to the Affidavit) whereby a full-fledged Tripartite Board has been constituted by the Respondent - State. He has accordingly sought for the matter to be heard afresh by the fullfledged Tripartite Board which has been constituted in accordance with amended Section 6 of the Act.

3.

The learned Counsel appearing for the Respondent No.4 has submitted that the impugned Order dated 18th July, 2025 had been passed by a one member board which had been validly constituted under Section 6 of the Act, and the impugned order has been acted upon by the parties.

4.

Having considered the submissions and particularly in view of the Notification dated 11th November, 2025 passed by the Respondent - State by which a full-fledged Tripartite Board has been constituted under amended Section 6 of the Act, we consider it 2/3

appropriate that the matter be decided afresh by the full-fledged Tripartite Board.

5.

In view of the impugned Order dated 18th July, 2025 having been acted upon by the Petitioner by making payments under protest, this arrangement shall continue till the disposal of the matter by the Tripartite Board. The Tripartite Board shall upon hearing the parties and without being influenced by the observations in the impugned Order pass the reasoned Order within a period of six weeks from today.

6.

In view of the above, the impugned Order dated 18th July, 2025 is set aside. In so doing we make it clear that we have not expressed any opinion on the merits of the Writ Petition. 7.

The Writ Petition is accordingly disposed of in the above terms. There shall be no order as to costs.

[ ADVAIT M. SETHNA, J. ] [ R.I. CHAGLA J. ] 3/3