LAWS(BOM)-2018-10-156

AG ENVIRO INFRA PROJECTS PRIVATE LIMITED THROUGH ITS DIRECTOR SHIJU JACOB Vs. STATE OF MAHARASHTRA INDUSTRIES, ENERGY & LABOUR DEPARTMENT THRUGH OFFICE OF GOVERNMENT PLEADER HIGH COURT BOMBAY (A S )

Decided On October 26, 2018
Ag Enviro Infra Projects Private Limited Through Its Director Shiju Jacob Appellant
V/S
State Of Maharashtra Industries, Energy And Labour Department Thrugh Office Of Government Pleader High Court Bombay (A S ) Respondents

JUDGEMENT

(1.) The entity who has been awarded the contract of collection and transportation of Municipal Solid Waste has invoked the Writ Jurisdiction of this Court under Article 226 of Constitution of India inter alia for the following reliefs: for a direction to be issued to the Respondent Nos.2 and 3 to forthwith implement the General Body Resolution No.1668 dated 19-5-2017 and/or any other circular qua the Petitioner at par and in parity with all other similarly placed contractors working in the Solid Waste Department of the Respondent No.2. For a direction to the Respondent No.2 to ensure that the union does not go on strike by making payment to the contract workers / labourers working with the Petitioner which is the additional costs incurred towards the increased minimum wages. For a direction that the Respondent No.2 to forthwith withdraw the letter dated 17-5-2018 addressed to the Petitioner.

(2.) The above companion Writ Petitions have been filed by the Unions principally for a direction that the Notification dated 24-2-2015 issued under the Payment of Wages Act by the Respondent No.3 be implemented. In so far as the said Petitions filed by the Unions are concerned, the reliefs sought by them would be contingent upon the relief that would be granted in the Petition filed by the contractor i.e. Writ Petition No.8788 of 2018.

(3.) The factual matrix giving rise to the filing of the above Writ Petition No.8788 of 2018 can be stated thus: