Bombay High Court
Maa Bumbleshwari Mathadi Labour, ... vs Mathadi And Unprotected Labour ... on 31 July, 2017
Bench: V.A. Naik
3107WP4665.1+4-Judgment 1/7
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4665 OF 2015
PETITIONER :- Swetal Enterprises, a partnership firm duly
registered under the Indian Partnership Act,
1931, having its place of business at 16 KM
Stone, National High Way No.6, Bhandara
Road, Beside Pardhi Petrol Pump (Indian
Oil) Village-Mahalgaon, Branch Post Dighori
(Kale), Sub-Post Office-Kuhi, Dist. Nagpur -
441202, through its Partner Shailesh s/o
Mukundbhai Ved, aged about 45 yrs.,
Occupation-business, R/o 162, "Shreyas"
Canal Road, Nagpur 440010 through its
Authorised Representative Shri Pritesh
Trivedi.
...VERSUS...
RESPONDENTS :- Nagpur and Wardha Mathadi & Unprotected
Labour Board, State of Maharashtra, Bhosla
Chambers, Civil Lines, Nagpur - 440001.
through its secretary.
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Mr.Firdos Mirza & Mr. S.N.Kumar, counsel for the petitioners.
Mr.. M.R.Pillai, counsel for the respondent.
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WRIT PETITION NO. 654 OF 2013
PETITIONERS :- 1. Maa Bumbleshwari Mathadi Labour, Union
bearing registration No.N.G.P. 2961/1985
having its office near Naik Talav,
Bangladesh, Nagpur, Through its President
Shri Ganesh Leelaram Sahu.
2. Subhash Suresh Atkari, Member, Aged 37
years, R/o Plot No.23, Saibaba Nagar, Kharbi
Road, Nagpur.
3107WP4665.1+4-Judgment 2/7
3. Sadashiv Jangalu Selokar, Member, Aged 57
years, R/o New Nandanvan KDK College
Road, Lane No. 9, Nagpur.
4. Sitaram Feruram Malghati (Shahu) Member,
Aged 53 years, R/o Gurudev Ram Mandir,
Bazaar Chowk, Depty Signal, Nagpur.
5. Iswhar Bhaduram Nishad, Member, Aged 52
years, R/o Udata Hanuman Chowk, Depty
Signal, Nagpur.
...VERSUS...
RESPONDENTS :- 1. Mathadi and Unprotected Labour Board,
Bhosla Chamber, Civil Lines, Nagpur.
through its Chairman.
2. Vidharbha Mathadi Labour Union Bearing
Registration No. N.G.P./3364 having its
office at H.B.Town Old Pardi Naka,
Bhandara Road, Nagpur, through its
Secretary.
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Mr.S.B.Ninawe, counsel for the petitioners.
Mr.. M.R.Pillai, counsel for the respondent No.1.
Mr.D.M.Kakani, counsel for the respondent No.2.
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WRIT PETITION NO. 3427 OF 2013
PETITIONER :- Swetal Enterprises, a partnership firm duly
registered under the Indian Partnership Act,
1931, having its place of business at 16 KM
Stone, National High Way No.6, Bhandara
Road, Beside Pardhi Petrol Pump (Indian
Oil) Village-Mahalgaon, Branch Post Dighori
(Kale), Sub-Post Office-Kuhi, Dist. Nagpur -
441202, through its Partner Shailesh s/o
Mukundbhai Ved, aged about 45 yrs.,
Occupation-business, R/o 162, "Shreyas"
Canal Road, Nagpur 440010
3107WP4665.1+4-Judgment 3/7
...VERSUS...
RESPONDENTS :- Nagpur and Wardha Mathadi & Unprotected
Labour Board, State of Maharashtra, Bhosla
Chambers, Civil Lines, Nagpur - 440001.
through its Chairman, Asstt. Labour
Commissioner.
INTERVENERS :- 1. Maa Bumbleshwari Mathadi Labour, Union
RESPONDENTS Bearing registration No.N.G.P. 2961/1985
having its office near Naik Talav,
Bangladesh, Nagpur, Through its President
Shri Ganesh Leelaram Sahu.
2. Santosh Lakhanlal Kashyap, Aged 35 years,
R/o Plot No.282, Galli No.3, Vinoba Bhave
Nagar, Nagpur - 440 017.
3. Ramsukh Firangiram, Selukar, Aged Major,
R/o Dipty Signal, Nagraj Chowk, Vairagade
Wadi, Nagpur - 440 035.
4. Sudhir Sudamji Awale, Aged 49 years, R/o
Plot No.62, Near Mata Mandir, Panchsheel
Nagar, Nagpur - 440 017.
5. Kuwaringh Bideshi Sahu, Aged 52 years,
R/o Dipty Signal, Bazaar Chowk, Nagpur.
6. Rajendra Dhanukram Rautrai, Aged 37
years, R/o Dipty Signal, Railway Colony,
Plot No.16, Nagpur - 440 035.
7. Manthir Zhagaru Sahu, Aged 55 years, R/o
Dipty Signal, Punjaram Wadi, Plot No.20,
Nagpur - 440 035.
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Mr.Firdos Mirza & Mr. S.N.Kumar, counsel for the petitioner.
Mr.. M.R.Pillai, counsel for the respondent-Mathadi Board.
Mr.S.B.Ninawe, counsel for the interveners.
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3107WP4665.1+4-Judgment 4/7
WRIT PETITION NO. 3426 OF 2013
PETITIONER :- Rita Steel Industries, a partnership firm duly
registered under the Indian Partnership Act,
1931, having its place of business at 17.5 KM
Stone, National High Way No.6, Bhandara
Road, at : Kadholi, Branch Post: Dighori
(Kale), Sub-Post Office-Kuhi, Dist. Nagpur -
441202, through its Partner Mr. Paresh s/o
Mukundbhai Ved, aged about 42 yrs.,
occupation business, r/o 162, Shreyas, Canal
Road, Nagpur 440010.
...VERSUS...
RESPONDENTS :- Nagpur and Wardha Mathadi & Unprotected
Labour Board, State of Maharashtra, Bhosla
Chambers, Civil Lines, Nagpur - 440001.
through its secretary.
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Mr.Firdos Mirza & Mr. S.N.Kumar, counsel for the petitioners.
Mr.. M.R.Pillai, counsel for the respondent.
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WRIT PETITION NO. 6025 OF 2012
PETITIONER :- JSW Ispat Steel Limited, (Formerly known as
Ispat Industries Ltd.), having its one of the
establishment at A-10/1, MIDC Industrial
Estate, Kalmeshwar-441501, District-Nagpur
through Shri Praveen S/o Shamrao
Waghmare, Aged about 46, Working as the
General Manager (HR).
...VERSUS...
RESPONDENTS :- 1. State of Maharashtra, through Principal
Secretary, Ministry of Industry, Energy &
Labour, Mantralaya, Mumbai - 400 032.
2. Nagpur and Wardha Mathadi & Unprotected
3107WP4665.1+4-Judgment 5/7
Labour Board, State of Maharashtra, Bhosla
Chambers, Civil Lines, Nagpur - 440001,
through its Chairman, Asstt. Labour
Commissioner.
3. Superintendent of Police (Rural), Civil Lines,
Nagpur, 440001. email -
[email protected]
4. Divisional Railway Manager, Central
Railways, S.V.Patel Road, Nagpur - 440001.
5. Railway Protection Force, i.e. Railways
Police, acting through the Superintendent of
Police, Vanjari Nagar, Ajani, Nagpur.
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Mr.Firdos Mirza & Mr.D.M.Kakani, counsel for the petitioner.
Mr.I.J.Damle, Asstt.Govt.Pleader for the respondent No.1 and 3.
Mr.. M.R.Pillai, counsel for the respondent No.2.
Mr.M.M.Agnihotri, counsel for the respondent Nos.4 and 5.
Mr.S.D.Shukla, counsel for the interveners.
Mr.S.S.Ghate, counsel for the interveners.
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CORAM : SMT. VASANTI A NAIK &
ARUN D. UPADHYE
, JJ.
DATED : 31.07.2017
O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)
Since the issue involved in these writ petitions is similar
and the prayers made therein are almost identical, they are heard
together and are decided by this common judgment.
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2. These petitions have been primarily filed by the petitioners
to seek a direction against the Mathadi Board to fix the number of
workers required for the establishments of the petitioners and
determine the mathadi workers that are actually required for the
purpose of loading and unloading of the goods from the railway siding.
Also, a prayer is made in one of the petitions seeking a direction against
the Mathadi Board to perform its obligation of providing registered
mathadi workers round the clock at the railway siding. Certain other
ancillary prayers are also made in the petitions.
3. During the pendency of the writ petitions, we had issued
directions against the Mathadi Board from time to time. We had also
directed the employers to place their monthly expenditure of wages
paid to the mathadi workers. By an order dated 24/08/2016, we had
directed the Mathadi Board to verify as to how many tonnes of goods
were loaded or unloaded by the petitioners at the railway siding, during
the past couple of months and accordingly send only the required
number of registered mathadi workers, who are able to perform the said
work on the railway siding. In pursuance of our directions, the Mathadi
Board has prepared a note and has filed the additional affidavit in
January, 2017. According to the petitioners, it would be necessary for
the Mathadi Board to take action in pursuance of the note/submissions
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made by them after granting an opportunity to the petitioners to state
the necessary facts in respect of their claim. It is stated that the
Mathadi Board can take a decision for fixing the appropriate number of
mathadi workers after granting an opportunity to the petitioners to
demonstrate their respective cases.
4. Shri Pillai, the learned counsel for the Mathadi Board,
does not have any objection against the issuance of a direction to the
Mathadi Board to take an appropriate decision on the issue of the
number of registered mathadi workers that are required to be deputed
to the railway siding for performing the loading and unloading work of
the petitioners. It is stated that the Mathadi Board would consider the
note/additional submissions filed in the month of January, 2017 as also
the material that may be placed by the petitioners before the Board.
5. By accepting the statements made on behalf of the
petitioners and the Mathadi Board, which may be binding on them, we
dispose of the writ petitions with a direction to the Mathadi Board to
take an appropriate decision in the matters within three months. No
costs.
JUDGE JUDGE
KHUNTE
