The Deputy Conservator Of Forest Wildlife Thane v. Konkan Van Shramik Sangh

1_WP_17017_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17017 OF 2025 Deputy Conservator of Forest (Wild Life), Thane and others ...

Petitioners vs.

Konkan Van Shramik Sangh ...

Respondent Dr. Dhruti Kapadia, AGP for petitioners-State. Mr. Ravindra Nair a/w. Mr. Lokesh for respondent. CORAM : MANISH PITALE, J DATE :

18th DECEMBER, 2025 P.C. :

.

Heard learned AGP appearing on behalf of the petitionersState and the learned counsel appearing for the respondent-workers' union.

2.

The present petition has been filed by the petitioners-State and its instrumentalities, after almost 6 years of passing of the impugned order dated 04.11.2019 of the Industrial Court. 3.

Although in the context of writ jurisdiction, no specific period of limitation is laid down, but as per settled law, an aggrieved party is expected to approach the writ Court within reasonable period of time. This Court is of the opinion that invoking writ jurisdiction of this Court after 6 years of the order being passed, cannot be said to be within reasonable period of time. The usual explanation of the file moving from one table to another in the office of the petitionersState, cannot be accepted as a reasonable ground and sufficient explanation for the delay in approaching this Court. Digitally signed by PRIYA KAMBLI Date:

2025.12.19 12:08:35 +0530 PRIYA KAMBLI 1/2

1_WP_17017_25.doc 4.

Even otherwise, this Court has perused the judgment and order passed by the Industrial Court. After considering the demands raised by the respondent-workers' union and taking into consideration the rival submissions as also the law concerning regularization and permanency, the Industrial Court, in the impugned judgment and order, has categorically held that neither the petitioners placed the details of the vacancies available, nor could the respondent place the details of vacant posts, if any. In such circumstances, the Industrial Court, in the impugned order, has simply directed the petitioners to send proposal to the Government of Maharashtra for regularization of the workers concerned with the complaint filed before the Industrial Court. A follow-up direction has been given, directing the petitioners to allow the workers to work on the same service conditions as they were working at the relevant time and to pay them minimum wages, till the receipt of orders from the Government of Maharashtra.

5.

Considering the number of years that the workers/members of the respondent-union have been working, this Court is of the opinion that the Industrial Court has taken a reasonable view in the matter and no ground is made for interference with the same. 6.

In view of the above, the writ petition is dismissed. Pending applications, if any, also stand disposed of. (MANISH PITALE, J.) Priya Kambli 2/2