SHASHIKANT BALAM GAIKWAD v. THE STATE OF MAHARASHTRA AND OTHERS AND
Case Details
904 to 958 & 970-wp-12356-2023+.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 904 WRIT PETITION NO.12356 OF 2023 SHASHIKANT BALAM GAIKWAD VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 905 WRIT PETITION NO.12357 OF 2023 MAYURKUMAR PAPALAL NIKUMBH VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 906 WRIT PETITION NO.12358 OF 2023 SURYAKANT SUHAS PAWARA VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 907 WRIT PETITION NO.12359 OF 2023 AJAY SATISH SONAWANE VERSUS THE STATE OF MAHARASHTRA AND OTHERS 908 WRIT PETITION NO.12360 OF 2023 MANISHA VIJESING GAVIT VERSUS THE STATE OF MAHARASHTRA AND OTHERS 1 of 14 (( 2 )) 904 to 958 & 970-wp-12356-2023+ AND 909 WRIT PETITION NO.12361 OF 2023 SUNITA BHANGA PADVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 910 WRIT PETITION NO.12362 OF 2023 AVINASH DILIP KHAIRNAR VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 911 WRIT PETITION NO.12363 OF 2023 ATUL ISHWARLAL BHAVSAR VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 912 WRIT PETITION NO.12364 OF 2023 VIVEKANAND VASANTRAO PARMAR VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 913 WRIT PETITION NO.12365 OF 2023 SUNITA BHARAT GAVIT VERSUS THE STATE OF MAHARASHTRA AND OTHERS 2 of 14 (( 3 )) 904 to 958 & 970-wp-12356-2023+ AND 914 WRIT PETITION NO.12366 OF 2023 JOSNA SHANKAR MAVCHI VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 915 WRIT PETITION NO.12367 OF 2023 TUKARAM MADHAV PADVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 916 WRIT PETITION NO.12368 OF 2023 MARTHA KAMU VASAVE VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 917 WRIT PETITION NO.12369 OF 2023 SUNANDA NARASHI GAVIT VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 918 WRIT PETITION NO.12370 OF 2023 CHETAN CHANDRAPALSINGH RAJPUT VERSUS THE STATE OF MAHARASHTRA AND OTHERS 3 of 14 (( 4 )) 904 to 958 & 970-wp-12356-2023+ AND 919 WRIT PETITION NO.12371 OF 2023 TABASSUM NASIR PATHAN VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 920 WRIT PETITION NO.12372 OF 2023 THAGUBAI RUPLYA KUWAR VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 921 WRIT PETITION NO.12373 OF 2023 CHANDRAKALA LALSING PAWARA VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 922 WRIT PETITION NO.12374 OF 2023 SANJU DASHRATH VALVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 923 WRIT PETITION NO.12375 OF 2023 SAVITA GOTARAM PAWARA VERSUS THE STATE OF MAHARASHTRA AND OTHERS 4 of 14 (( 5 )) 904 to 958 & 970-wp-12356-2023+ AND 924 WRIT PETITION NO.12376 OF 2023 JERMI RUVAJI GAVIT VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 925 WRIT PETITION NO.12377 OF 2023 SHEETAL DILIP AGALE VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 926 WRIT PETITION NO.12378 OF 2023 JYOTI MANOHAR PADVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 927 WRIT PETITION NO.12379 OF 2023 RANJANA GOKUL VASAVE VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 928 WRIT PETITION NO.12380 OF 2023 ARUNA VIJAYSINGH VALVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS 5 of 14 (( 6 )) 904 to 958 & 970-wp-12356-2023+ AND 929 WRIT PETITION NO.12381 OF 2023 SUKA BAPU GAVIT VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 930 WRIT PETITION NO.12382 OF 2023 SANDIPA JAYSING VASAVE VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 931 WRIT PETITION NO.12383 OF 2023 DIPALI SITARAM DHANGAR VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 932 WRIT PETITION NO.12384 OF 2023 JYOTI RAMESH JAWARE VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 933 WRIT PETITION NO.12385 OF 2023 VELANTI JUMA PARADKE VERSUS THE STATE OF MAHARASHTRA AND OTHERS 6 of 14 (( 7 )) 904 to 958 & 970-wp-12356-2023+ AND 934 WRIT PETITION NO.12386 OF 2023 KAVITA SHIDYA VALVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 935 WRIT PETITION NO.12387 OF 2023 TUSHAR PUNJILAL THAKARE VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 936 WRIT PETITION NO.12388 OF 2023 TUSHAR DILIP GIRASE VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 937 WRIT PETITION NO.12389 OF 2023 PAVAN ARUN CHAUDHARI VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 938 WRIT PETITION NO.12390 OF 2023 SHITAL BALIRAM PADVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS 7 of 14 (( 8 )) 904 to 958 & 970-wp-12356-2023+ AND 939 WRIT PETITION NO.12391 OF 2023 MAHENDRA DATTU VALVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 940 WRIT PETITION NO.12392 OF 2023 SARITA SHARAD PADVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 941 WRIT PETITION NO.12393 OF 2023 SULOCHANA KRUSHNA GAVIT VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 942 WRIT PETITION NO.12394 OF 2023 JAYASHREE AMARDAS GAVIT VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 943 WRIT PETITION NO.12395 OF 2023 MANJULA VANTYA MAVCHI VERSUS THE STATE OF MAHARASHTRA AND OTHERS 8 of 14 (( 9 )) 904 to 958 & 970-wp-12356-2023+ AND 944 WRIT PETITION NO.12396 OF 2023 KANCHAN VASU GAVIT VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 945 WRIT PETITION NO.12397 OF 2023 SANGITA SAYSING SHINDE VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 946 WRIT PETITION NO.12398 OF 2023 SHITAL MOGYA RATHOD VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 947 WRIT PETITION NO.12399 OF 2023 NARMADA KESHAVLAL CHAVHAN VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 948 WRIT PETITION NO.12400 OF 2023 PRIYANKA DYANIAL VALVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS 9 of 14 (( 10 )) 904 to 958 & 970-wp-12356-2023+ AND 949 WRIT PETITION NO.12401 OF 2023 VISHAL POPAT THAKARE VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 950 WRIT PETITION NO.12402 OF 2023 BIJU RADHYA GAVIT VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 951 WRIT PETITION NO.12403 OF 2023 PUNAM BHAIDAS VALVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 952 WRIT PETITION NO.12404 OF 2023 NILIMA CHAGAN VALVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 953 WRIT PETITION NO.12405 OF 2023 MOGI BHARAT VALVI VERSUS THE STATE OF MAHARASHTRA AND OTHERS 10 of 14 (( 11 )) 904 to 958 & 970-wp-12356-2023+ AND 954 WRIT PETITION NO.12406 OF 2023 MADHURI RAMESH SHINDE VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 955 WRIT PETITION NO.12408 OF 2023 SUNANDA TUKDYA GAVIT VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 956 WRIT PETITION NO.12409 OF 2023 ANITA SHANKAR BHANDARI VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 957 WRIT PETITION NO.12410 OF 2023 VIJAY GOVIND BADGUJAR VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 958 WRIT PETITION NO.12411 OF 2023 ANITA WILSON SATHE VERSUS THE STATE OF MAHARASHTRA AND OTHERS 11 of 14 (( 12 )) 904 to 958 & 970-wp-12356-2023+ AND 970 WRIT PETITION NO.12763 OF 2023 GORAKH SAKHARAM KAMDE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS .…
Legal Reasoning
Mr. Ajinkya Reddy, Advocate for Petitioners in all Petitions Mr. V. M. Kagne, Mr. S. K. Tambe, Mr. S. G. Karlekar, Mr. P. K. Lakhotiya, AGPs for Respondents – State in respective Petitions ; Mr. D. B. Gaikwad, Standing Counsel for Respondent No.5 in W.P. Nos.12358, 12360, 12375, 12388, 12403, 12404, 12405, 12406, 12408, 12409, 12410, 12411, 12763 of 2023; Ms D. S. Jape, Standing Counsel for Union of India in W.P. Nos.12367, 12398, 12399 of 2023; Mr. Madhur A. Golegaonkar, Standing Counsel for Respondent No.5 in W.P. Nos. 12370, 12380, 12383 of 2023; Mr. Suresh W. Munde, Standing Counsel for Respondent No.5 in W.P. Nos.12373, 12378, 12396 of 2023; Mr. R. B. Bbosle, Standing Counsel for Respondent No.5 in W.P. Nos. 12366, 12381, 12385 of 2023; Mr. Amol Patale, Standing Counsel for Union of India in W.P. Nos. 12399, 12411 of 2023; Mr. Rahul S. Pawar, Standing Counsel for Respondent No.5 in W. P. Nos.12369, 12390 of 2023; Mr. D. S. Bagul, Advocate for Respondent No.7 in W.P.No.12763 of 2023 .… CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ. DATE : 12.10.2023 PER COURT :- 12 of 14 (( 13 )) 904 to 958 & 970-wp-12356-2023+ 1. The Petitioners in all these matters, are identically placed. One batch of identically placed Petitioners had approached this Court in Writ Petition Nos. 2161 of 2022 and other connected Writ Petitions. Vide the order dated 20.06.2022, this Court had issued certain directions to the Competent Authorities/Government to take a decision with regard to the Petitioners considering those who have complete ten [10] years on contractual basis, by following a particular procedure. It was also mentioned in the said order that those who have not approached this Court, should also be considered as they are similarly placed and are comparable workers. 2. In another batch of Workmen who had approached this Court in Writ Petition No.10857 of 2023 and other connected Writ Petitions, similar orders were passed on 31.08.2023 and 120 days time was granted to arrive at a policy and take a decision within 150 days. 3. Since the above stated orders were in ‘Rem’ and not in ‘Persona’, all these Petitioners before us are covered by the directions in the said order. We had ensured in our earlier orders that those 13 of 14 (( 14 )) 904 to 958 & 970-wp-12356-2023+ persons who were not before the Court should also be considered along with all the Petitioners. In view of the said order, the present Petitioners may also find their names in the said list of employees. 4. As such, all these Writ Petitions are disposed off. The directions set out in the orders dated 20.06.2022 and 31.08.2023, shall apply to these Petitioners and their cases would also be considered by the Competent Authorities. In the event, their names are not set out in the proposals forwarded pursuant to our earlier orders, we direct the Competent Authorities to consider these Petitioners in the same manner and by following the same procedure and complete the exercise within 150 days. 5. In the event any of such employees are aggrieved by the decision of the competent authorities and since the Kalelkar settlement is applicable to them, they would be at liberty to approach the Industrial Court under the MRTU and PULP Act, 1971 or by raising an industrial dispute under the Industrial Disputes Act, 1947. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS 14 of 14