Shirishkumar Jaywantrao Bhamre And Another v. The State Of Maharashtra Through The Principal Secretary And Others

{1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 PUBLIC INTEREST LITIGATION NO. 58 OF 2024 Tulshiram Narayanrao Dhond And Others

VERSUS

The State Of Maharashtra Through The Principal Secretary And Others WITH CIVIL APPLICATION NO. 1794 OF 2025 IN PIL/58/2024 Shirishkumar Jaywantrao Bhamre And Another

VERSUS

The State Of Maharashtra Through The Principal Secretary And Others WITH CIVIL APPLICATION NO. 8436 OF 2024 IN PIL/58/2024 Bar Association Of Industrial Lawyers Through Its President Prakash Manikrao Shinde

VERSUS

The State Of Maharashtra Through The Principal Secretary And Others WITH CIVIL APPLICATION NO. 9654 OF 2024 IN PIL/58/2024 The President Jalna Labour Law Practitioners And Another

VERSUS

The State Of Maharashtra Through The Principal Secretary And Others ......

Mr. B.B. Yenge, Advocate for Petitioner Mr. S.V. Dankh h/f Mr. V.P. Golewar, for Applicant In CA/8436/2024 Mr. Parth Salunke, Advocate for Respondent No.6 Mr. S.S. Dande, Advocate for Respondent No.8 ......

CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 04 NOVEMBER, 2025

{2} PER COURT :- 1.

We have heard all the learned Advocates representing the respective parties. The matter pertains to the infrastructure to be made available for the Labour and Industrial Courts. 2.

It has been pointed out by learned counsel Mr. Yenge, appearing for the original petitioners/the Jalna Labour Law Practitioners' Association that possession of the land has been handed over and the plans have been prepared. In such circumstances, we dispose of Civil Application No. 9654 of 2024 in Public Interest Litigation No. 58 of 2024 with a direction that, if the plans are submitted to the learned Principal District Judge, Jalna, the learned Principal District Judge shall forward the same to the Registrar General / Registrar (Building Infrastructure) within a period of two weeks from today, if not already submitted. If the same has already been submitted, a report regarding such submission shall be furnished to the Registrar General / Registrar (Building Infrastructure). The concerned Registrar shall take further steps to forward the same to the State Government. 3.

Learned counsel Mr. Yenge submits that, as regards the Industrial Court building at Latur, the land has been allotted and possession has also been handed over to the learned Member, Industrial Court, Latur. We direct the learned Principal District Judge, Latur shall

{3} forward the same to the Registrar General / Registrar (Building Infrastructure) within a period of two weeks from today, if not already submitted. If the same has already been submitted, a report regarding such submission shall be furnished to the Registrar General / Registrar (Building Infrastructure). The concerned Registrar shall take further steps to forward the same to the State Government. 4.

As regards the land for residence, the learned Government Pleader to get instructions and file an affidavit regarding the availability of such suitable land within a period of three weeks from today. 5.

Learned counsel appearing for the applicants in Civil Application No. 8436 of 2024, representing the Bar Association of the Industrial Court, Aurangabad, after going through the affidavit filed by Mr. Ghodke Vivek Basvantrao, Deputy Chief Executive Officer (III), M.I.D.C. Head Office, cursorily submits that an opportunity may be granted to file a rejoinder. Learned Advocate Mr. S.S. Dande, appearing for M.I.D.C., by placing the said affidavit-in-reply, submits that M.I.D.C. is now offering two plots in the Chikalthana Industrial Area; one is O.S.- 22, and the second comprises G-63 + G-64 + O.S. 16 + O.S. 35, which are sufficient to to fulfill the needs of the Industrial Court and even the residence.

{4} 6.

We have also perused the order passed by this Court on 25.09.2025, particularly paragraph No. 7. While we agree with the observations made in paragraph No. 7, taking into consideration the present offer that has been made, we direct the Member, Industrial Court, Aurangabad, to visit these two plots along with the office-bearers of the Association and submit a report regarding the suitability of the plots and the sentiments of the Association. The learned Member, Industrial Court, shall inform the M.I.D.C. officers of the date of the visit in advance, and the M.I.D.C. officers shall make the necessary arrangements for the site visit. The visit shall be conducted within a period of two weeks from today, and the report shall be submitted within one week of such visit.

7.

As regards Aurangabad, on behalf of respondent No. 11, an affidavit has been filed by Mr. Deelip Veerpaksh Swami, District Collector, Chh. Sambhajinagar. We are not happy that the situation that has been tired to be depicted what was done in the past need not be heard upon. If the offer in respect of the land was not accepted, that does not mean that the refusal should be construed otherwise. We are also not agreeing with the fact that no Government land is available which would be suitable for housing the Industrial Court, Labour Court, as well as the residence of the Presiding Officers within the Chh. Sambhajinagar area.

{5} 8.

We direct respondent No. 11 to file an affidavit-in-reply regarding the availability of Government land within Chhatrapati Sambhajinagar and in the vicinity of the industrial areas on the outskirts of Chhatrapati Sambhajinagar. Such affidavit be filed within a period of three weeks from today.

9.

As regards the Industrial Court at Dhule, it is stated that the allotment has been completed, and upon instructions from the District Collector, Dhule, the learned Government Pleader makes a statement that possession of the same will be handed over to the Member, Industrial Court, within a period of three weeks from today. The said statement is accepted as an undertaking.

10.

After possession is received, the Member, Industrial Court, and the learned Principal District Judge, Dhule, shall take up the procedure for preparation of the plan within a period of one month and forward the same to the Registrar General for further procedure. 11.

Place the matter for further adjudication on 05.12.2025. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE S P Rane