Citation : 2025 Latest Caselaw 9357 Bom
Judgement Date : 31 December, 2025
NOB-1-38835-2025 IN WP-7792-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 38835 OF 2025
IN
WRIT PETITION NO. 7792 OF 2025
Maharashtra Employees Union ... Applicant/ Petitioner
Versus
The Conservator of Forest, Borivali Circle,
Forest Department and Anr. ... Respondents
WITH
INTERIM APPLICATION NO. 38836 OF 2025
IN
WRIT PETITION NO. 3142 OF 2025
Maharashtra Employees Union ... Applicant/ Petitioner
Versus
The Conservator of Forest, Borivali Circle,
Forest Department and Anr. ... Respondents
WITH
INTERIM APPLICATION NO. 38837 OF 2025
IN
WRIT PETITION NO. 2914 OF 2025
Maharashtra Employees Union ... Applicant/ Petitioner
Versus
The Conservator of Forest, Borivali Circle,
Forest Department and Anr. ... Respondents
Manisha 1/5
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NOB-1-38835-2025 IN WP-7792-2025.doc
WITH
INTERIM APPLICATION NO. 38838 OF 2025
IN
WRIT PETITION NO. 4288 OF 2025
Maharashtra Employees Union ... Applicant/ Petitioner
Versus
The Conservator of Forest, Borivali Circle,
Forest Department and Anr. ... Respondents
WITH
INTERIM APPLICATION NO. 38839 OF 2025
IN
WRIT PETITION NO. 4289 OF 2025
Maharashtra Employees Union ... Applicant/ Petitioner
Versus
The Conservator of Forest, Borivali Circle,
Forest Department and Anr. ... Respondents
--------------------
Mr. Shailesh Pathak, for the Applicant/ Petitioner.
Ms. Kavita N. Salunke, Addl. G. P. for the Respondent in
WP/7792/2025, WP/3142/2025, WP/2914/2025, WP/4288/2025.
Mr. A. I. Patel, Addl. G. P. for the Respondent-State in WP/4289/2025
--------------------
CORAM : SANDESH D. PATIL, J.
DATE : 31st DECEMBER, 2025.
(VACATION COURT)
NOB-1-38835-2025 IN WP-7792-2025.doc
P.C.:
1. Not on Board. On mentioning, taken on Board.
2. By this Interim Applications, the Applicants are seeking relief of
stay to the effect, execution and implementation of the notice dated
18/12/2025 issued by the Respondents.
3. The present Writ Petitions were filed by the Petitioners
somewhere on January, 2025. On 02/04/2025, this Court had issued
notice to the Respondents. The issue that arises for consideration in
the Petition was whether temporary forest workers (van mazoor) can
be absorbed in service permanently. This issue is pending before this
Court since January, 2025. On 06/05/2025, learned AGP sought time
for filing affidavit-in-reply.
4. Mr. Shailesh Pathak, learned Counsel for the Applicant/
Petitioner states that 22 employees who are in similar situation had
filed Writ Petition bearing No.2683 of 2023 and the said Writ Petition
NOB-1-38835-2025 IN WP-7792-2025.doc
was allowed by this Court vide judgment and order dated 03/09/2025.
He states that since the notice was issued on 18/12/2025, he has
preferred the present Application. He states that by the impugned
Notice the services of the members of Petitioner will be terminated.
5. Taking into consideration the fact that the matter is pending for
adjudication before this Court and that this Court has issued notice.
Taking into consideration the judgment and order passed in Writ
Petition No.2683 of 2023 by this Court in case of similarly situated
workers, and further taking into consideration that the members of
the Applicants are working (as stated by the learned Counsel Mr.
Shailesh Pathak, appearing for the Applicant/ Petitioner) since last
more than 10 years, I am inclined to grant interim relief in terms of
prayer Clause 'b' which reads as below:
"b) Pending the hearing and final disposal of this Civil Application this Hon'ble Court may be pleased to stay the implementation/ execution of the Notice dtd.
18/12/2025 issued by Respondents and to protect the fundamental rights of the concerned employees of permanency."
NOB-1-38835-2025 IN WP-7792-2025.doc
6. Ms. Kavita M. Salunke, learned Addl. G.P. seeks time to file
affidavit-in-reply before the next date. Time granted.
7. Stand over to 8th January, 2026 for further consideration.
(SANDESH D. PATIL, J.)
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