Disposed

Rayat Swayamrojgar Seva Sahakari Sanstha Limited, Nashik Thr Its Auhtorized Signatory and Ors. v. the State of Maharashtra through Chief Secretary and Ors.

Bombay HC10 Nov 2023WP/9483/2023

Case brief

AI extract

What is this about?

Three writ petitions challenging empanelment of private agencies and a Government Resolution dated 6.9.2023 were rendered infructuous due to supersession by a fresh order dated 31.10.2023. The court disposed of petitions with liberty to challenge the new resolution.

What did the court decide?

Petitions dismissed as infructuous with liberty to challenge the fresh Government Resolution dated 31.10.2023.

Rayat Swayamrojgar Seva Sahakari Sanstha Limited… — Service and Employment | Bombay HC (2023)

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1-WP-10646-2023 +

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Pdp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 10646 OF 2023

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Krupa Services Private Ltd. & Ors. .. Petitioners Versus Labour Commissioner & Ors. .. Respondents

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WITH

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WRIT PETITION NO. 9479 OF 2023

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Nashik Zilla Swayamrojgar Berojgar Seva Sahakari Sanstha Mahasang Maryadit, Nashik & Anr. .. Petitioners

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Versus

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The State of Maharashtra & Ors. .. Respondents

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WITH WRIT PETITION NO. 9483 OF 2023

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Rayat Swayamrojgar Seva Sahakari Sanstha Ltd. & Ors. .. Petitioners

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Versus

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The State of Maharashtra & Ors. .. Respondents

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Mr. A. A. Kumbhakoni, Senior Advocate i/by Mr. Gaurav Sharma for petitioners in WP/10646/2023.

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Mr. A. A. Kumbhakoni, Senior Advocate i/by Mr. Sanjay P. Shinde a/w Mr. Prathamesh T. Bhanuwanshe for petitioners in WP/9479/2023 and WP/9483/2023.

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Mr. P. P. Kakade, Government Pleader a/w Mr. M. M. Pabale, AGP for State.

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CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

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DATE: 10^th NOVEMBER, 2023

1-WP-10646-2023 +

P.C.:

1. Heard Mr. Kumbhakoni, learned senior advocate representing the petitioners and Mr. Kakade, learned Government Pleader representing the State-respondents.

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2. By means of these petitions, the petitioners, apart from challenging the Government Resolution, dated 6^th September, 2023, have also challenged the empanelment of the private respondents by the State Government for supplying the manpower to different departments.

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3. It has been brought to our notice that in supersession of the earlier Government Resolution, dated 6^th September, 2023, a fresh Government Resolution on the subject has been notified by the State Government on 31^st October, 2023. The learned senior advocate representing the petitioners tenders the said Government Resolution, dated 31^st October, 2023, which is taken on record.

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4. By the Government Resolution, dated 31^st October, 2023, the earlier Government Resolution dated 6^th September, 2023, which is under challenge in these petitions, has been rescinded. Thus, challenge to the Government Resolution, dated 6^th September, 2023 in these writ petitions does not survive and the petitions have been rendered infructuous.

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5. So far as the selection of private respondents as provider of manpower to different departments is concerned, it has been clarified by the learned Government Pleader that in terms of the Government Resolution, dated 31^st October, 2023, no fresh work shall be given to those who were empaneled by means of the process impugned in these

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1-WP-10646-2023 +

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petitions. He further clarifies that the work being performed currently by the private respondents pursuant to their earlier selection shall come to an end in July, 2024, i.e., within 9 (nine) months of the issuance of the Government Resolution dated 31^st October, 2023.

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6. Learned senior advocate for the petitioners states that in view of the aforesaid clarifications, he does not want to press the prayer made in the writ petitions in relation to challenging the process by which the private respondents were empaneled. He, however, states that liberty may be granted to the petitioners to challenge the Government Resolution, dated 31^st October, 2023 in case they are so advised.

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7. In view of the aforesaid, writ petitions are disposed of in terms of the statement made at bar by the learned Government Pleader, with liberty as prayed for by the petitioners.

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(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)

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Digitally signed by PRAVIN PRAVIN DASHARATH DASHARATH PANDIT PANDIT Date: 2023.11.10 18:29:55 +0530

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Rayat Swayamrojgar Seva Sahakari Sanstha Limited, Nashik Thr Its Auhtorized Signatory and Ors. v. the State of Maharashtra through Chief Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Rayat Swayamrojgar Seva Sahakari Sanstha Limited, Nashik Thr Its Auhtorized Signatory and Ors. v. the State of Maharashtra through Chief Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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