Manikbaba Gittikhadan Majoor Sahakari ... vs State Of Maharashtra Through Minister ...
2025 Latest Caselaw 3162 Bom

Bombay High Court

Manikbaba Gittikhadan Majoor Sahakari ... vs State Of Maharashtra Through Minister ... on 11 March, 2025

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

2025:BHC-NAG:2616-DB

                1103WP1995-17.odt                  1                                    Judgment

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                         NAGPUR BENCH, NAGPUR.
                                       WRIT PETITION NO. 1995 OF 2017

                Manikbaba Gittikhadan Majoor Sahakari Sanstha
                Maryadit, Through its President, Ramnath Baliramji
                Kalsarpe, Aged about 60 years, Occupation : Private,
                Having its Ofice at Mannu Apartment, J.B. Nagar,
                Datala Road, Chandrapur.                                           PETITIONER
                                                    - VERSUS -
                1.       State of Maharashtra, Through its Minister of
                         Textile, Handloom & Co-operation, Mantralaya,
                         Mumbai - 32.
                2.       State of Maharashtra, Through its Secretary,
                         Department of Textile, Handloom & Co-operation,
                         Mantralaya, Mumbai - 32.

                3.       Co-operative Commissioner & Registrar,
                         Co-operative Sahakari Sanstha, Pune-1.  RESPONDENTS
                ______________________________________________________________
                                 Shri C.B. Dharmadhikari, Counsel for the petitioner.
                       Shri S.M. Ghodeswar, Assistant Government Pleader for the respondents.
                 ______________________________________________________________
                CORAM : NITIN W. SAMBRE AND VRUSHALI V. JOSHI, JJ.
                DATE :       MARCH    11,   2025

                ORAL JUDGMENT           (PER : NITIN W. SAMBRE, J.)

Heard the learned counsel for the parties.

2. Clause 14 of Circular dated December 06, 2008 to the extent of it

imposes restrictions on the petitioner, a labour cooperative society, for

adopting the name commensurating to the categories of work for which it

was registered and consequent to the non-adherence of the restrictions

referred above, resulting into non-entitlement of work, is the subject

matter of challenge in the present writ petition.

1103WP1995-17.odt 2 Judgment

3. It is the case of the petitioner-Society that it was registered on

November 02, 2010 as a 'Labour Co-operative Society' and was allotted

code symbol 'L' pursuant to the Circular dated February 09, 1962. It is

claimed that the respondent no.3 has issued Circular dated December 06,

2008 thereby mandating the mention of nature of work performed by the

Society in its nomenclature in the Register of Records, failing which work

should not be allotted to such societies.

4. On similar lines, this Court has decided Writ Petition No.7842 of

2022 [Chandrapur District Gittikhadan Labour Co-operative Societies

Federation Ltd. Versus State of Maharashtra & Others ) on September 04,

2024, wherein it was agreed that irrespective of the nomenclature of the

concerned society, the work should be allotted to it.

5. As such, we direct the respondents to allot the work to the

petitioner-Society in accordance with what is provided in the amended

bye-laws and/or what has been provided in the bye-laws and not as per

the nomenclature of the society. The writ petition accordingly stands

disposed of. No costs. Pending civil application also stands disposed of.

                                      (VRUSHALI V. JOSHI, J.)                     (NITIN W. SAMBRE, J.)



                               APTE




Signed by: Apte
Designation: PS To Honourable Judge
Date: 17/03/2025 14:42:49