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Bombay High CourtWP/965/2026disposed off

Anil Nivrutti And ORS v. The State Of Maharashtra Throu. Its Principal Sec. Urban Development Dept And ANR

2026-01-22Hon'Ble Shri Justice R. I. Chagla , Hon'Ble Justice Advait M. Sethna3 pages

1 501-WP-965-2026+45-WP-16282-2025 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 965 OF 2026 Anil Nivrutti And Ors

...Petitioners

Versus

The State Of Maharashtra Throu. Its Principal Sec. Urban Development Dept And Anr

...Respondents

AND WRIT PETITION NO. 16282 OF 2025 Dnyaneshwar Hiraman Sambre And Ors

...Petitioners

Versus

The State Of Maharashtra Thr. Its Principal Secretary Urban Development Department And Anr

...Respondents

----------------- Adv. Shivani S. Shinde, for the Petitioners.

Adv. Suresh M. Kamble, for Respondent No. 2.

Mr. A.I. Patel, Addl. G.P. a/w Mr. S. P. Kamble, AGP for Respondent No. 1State. Mr. B. V. Samant, Add. G.P. a/w Ms. P.M. Joshi Deshpande, AGP for Respondent No. 1- State in WP No. 16282 of 2025. ----------------- CORAM : R. I. CHAGLA J ADVAIT M. SETHNA, J.

DATED : 22 JANUARY, 2026 P.C.:- 1.

By these writ petitions, the Petitioners seek directions to the Respondents to issue appointment orders to the Petitioners in accordance with the consent terms dated 26 June 2016 in Writ Petition No. 7060 of 2010, read with the order dated 5 February 2024 passed by this Court in Writ Petition No. 10225 of 2017, Writ Petition No. 8157 of 2018, and Writ 1/3

2 501-WP-965-2026+45-WP-16282-2025 (C).doc Petition No. 7676 of 2019.

2.

Learned counsel appearing for the Petitioners has referred to an order dated 5 February 2024 passed by this Court in Writ Petition No. 10225 of 2017, by which the Petitioner was directed to file an application before the Industrial Court for execution of the order dated 25 January 2010 passed by the Industrial Court in Complaint (ULP) No. 134 of 2007, read with the order dated 22 June 2016 passed by the learned Single Judge of this Court in Writ Petition No. 7060 of 2010. It was observed in the said order that in view of the large number of persons involved, the adjudication regarding eligibility as on 25 January 2010 would require time. Further, it was directed that since the rights of the Petitioners are traced to the order of the Industrial Court, and the same having attained finality in view of the order passed by this Court, then the exercise is required to be carried out by the Industrial Court.

3.

Learned counsel appearing for the Petitioners in the above Writ Petition submits that the present Petitioners were not parties to the Writ Petition No.10225 of 2017 wherein the said order dated 5 February 2024 was passed by this Court. She has accordingly sought a similar direction to be issued in the case of the Petitioners as was issued vide the said order dated 5 February 2024.

4.

Considering that the present Petitioners are similarly placed as the Petitioners who were directed to file an application for execution of the 2/3

3 501-WP-965-2026+45-WP-16282-2025 (C).doc order dated 25 January 2010 passed by the Industrial Court, similar direction is issued.

5.

The present Petitioners shall also file the aforementioned application before the Industrial Court within a period of four weeks from today. The Industrial Court is directed to examine the case of each Petitioners with regard to their eligibility as of 25 January 2010, in accordance with the consent terms dated 26 June 2016, as arrived at before this Court in Writ Petition No. 7060 of 2010. Once the Petitioners are found to be eligible, the Industrial Court may issue the necessary orders to the Respondent - Corporation for compliance with the order. This exercise shall be carried out by the Industrial Court within six months from the date of the application. 6.

We have not expressed any opinion on the merits of the matter. 7.

Accordingly, the present Writ Petition is disposed of. No order as to costs.

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