MANIK VISHWANATHRAO JOSHI Vs. STATE OF MAHAASHTRA

JUDGEMENT

(1.) THESE petitions are filed to protect the Interest of the employees working either under the Marathwada Development corporation and/or companies/unite which are subsidiary to this Corporation. The last of these petitions (Writ Petition No. 5783 of 1999) is filed by one Marathwada Janata Wikas Parishad, a voluntary organisation, registered under the Societies Registration Act, 1860. The purpose of this petition is also same as that of the earlier petitions.

(2.) ALL these petitions apprehend the closure of the marathwada Development Corporation (for the sake of brevity, hereinafter referred to as the "mdc") and the aforesaid subsidiaries and the consequences thereof on the existing employees and the future employment in the region. Two of these petitions i. e. Writ Petitions No. 3346 and 3704, both of 1993, came up for consideration earlier. The petitions were admitted and interim relief in terms of prayer clauses (b) and (c) was granted. In Writ Petition no. 3704 of 1993, prayer clause (b) sought a stay on the implementation of various Government Resolutions in this behalf. Prayer clause (c) sought an injunction restraining the respondents from winding up the MDC, without following procedure under the law. The order passed on 30. 11. 1993 was slightly modified by another Division Bench on 28. 4. 1994. However, the fact remains that in view of the stay running in these matters, all these units are kept alive legally. Shri Joshi, learned Special counsel appearing for the respondents - State authorities, however, informed us that as of now, practically business of all the subsidiaries of mdc is closed but in view of the stay granted by this Court, formal orders are not passed as such. He has drawn our attention to a letter received by him from the concerned officer of the State Government dated 27. 11. 2002, which states the very thing.

(3.) IT is material to note that during pendency of all these petitions, the State legislative Assembly has now passed an Act, named as Maharashtra State Enterprises (Restructuring and Other Special Provisions)Act, 2000. This Act has been specially passed, as the preamble itself states, in the public interest for constitution of the Maharashtra Board for restructuring of State Enterprises. As the preamble further states, the board is to be invested with the power to determine and recommend the timely measures to be taken by the Government of Maharashtra for;