Sunita Vasant Khairnar And Others vs The State Of Maharashtra Through ...
2024 Latest Caselaw 24650 Bom

Bombay High Court

Sunita Vasant Khairnar And Others vs The State Of Maharashtra Through ... on 22 August, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

2024:BHC-AUG:19044-DB


                                                                           8939.24wp
                                                 (1)

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             WRIT PETITION NO. 8939 OF 2024

                     SAU. SUNITA VASANT KHAIRNAR AND OTHERS
                                           VERSUS
                 THE STATE OF MAHARASHTRA THROUGH SECRETARY
                                        AND OTHERS
                                               ....
                Mr V. B. Anjanwatikar, Advocate for Petitioners
                Mr R. S. Wani, A.G.P. for Respondents/State

                                         CORAM : RAVINDRA V. GHUGE
                                                         AND
                                                 Y. G. KHOBRAGADE, JJ.

DATE : 22nd August, 2024 PER COURT:

1. This Writ Petition, actually is maintainable before the

Industrial Court. However, considering the peculiar grievance of

the Petitioners that, they are not getting their monthly contractual

salary payments from October 2023, from Respondent No.2/ Shri.

Bhausaheb Hire Government Medical College at Dhule, that we

have entertained this Writ Petition in the peculiar facts and

circumstances of the case.

2. In view of the above, this Writ Petition is disposed

off, with a direction to the Dean of Respondent No.2/Government 8939.24wp

Medical College and Hospital at Dhule, to verify the unpaid

monthly contractual salary payments of these Petitioners and all

such similarly situated contractual employees. The Dean shall

keep in mind that the provisions of the Contract Labour

(Regulation & Abolition) Act, 1970, mandate the Contractor to

make the payment of salary of the contractual employees. If the

Contractor fails to make the payment within the prescribed period,

the principal Employer will have to pay the salary to the contract

labour and recover the said amount so paid, from the payment

towards the Contractor.

3. After the Dean verifies the record, appropriate orders

shall be issued for the payment of the outstanding monthly

contractual salary of the Petitioners and similarly situated

contractual employees, in three installments payable on or before,

30/09/2024, 31/10/2024 and 30/11/2024.

4. Insofar as the other grievance of these Petitioners,

pertaining to their regularization in service is concerned, filing of

a Writ Petition is not the remedy. Keeping in view the judgments

of the Hon'ble Supreme Court delivered in Vividh Kamgar 8939.24wp

Sabha vs. Kalyani Steels Ltd. And Anr., [2001 (2) SCC 381];

Cipla Ltd. Vs. Maharashtra General Kamgar Union and Ors.,

[2001 (3) SCC 101] and the judgment of the Hon'ble Supreme

Court (5 Judges Bench) in Steel Authority of India Ltd. and

Others Vs. National Union Water Front Workers and Others,

dated 30/08/2001, reported in [AIR 2001 SC 3527], these

Petitioners and similarly situated contractual employees will have

to raise an industrial dispute under Section 2(k) of the Industrial

Disputes Act, 1947 before the appropriate Forum, which is the

Conciliation Officer/Assistant Commissioner, Labour, Nashik.

The principal Employer, as well as the Contractor shall be arrayed

as Respondents in the said dispute. All contentions are kept open.

5. If no Contractor exists, as is defined under the

Contract Labour (Regulation & Abolition) Act, 1970, the dispute

shall be between the Petitioner and the Respondent/Medical

College.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)

sjk