THE STATE OF MAHARASHTRA THROUGH THE COMMISSIONER OF AGRICULTURE AND OTHERSversusTHE SHETKARI SHETMAJOOR PANCHAYAT MAHARASHTRA AND OTHERS

2026:BHC-AUG:13720
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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              4 WRIT PETITION NO. 1078 OF 2020

           The State Of Maharashtra Through The Commissioner Of Agriculture
                                      And Others
                                        VERSUS
               The Shetkari Shetmajoor Panchayat Maharashtra And Others
                                            …..
          Mr. R. B. Dhaware, AGP for the Petitioners - State
          Mr. V. D. Gunale, Advocate for the respective Respondents
          Mr. Kamble Dinkar G, Advocate for Nos. 3 (a) and 13
                                            …..

                                         CORAM : SIDDHESHWAR S. THOMBRE, J.
                                         DATE        : 24.03.2026


          PER COURT :

          1.    The affidavit-in-reply has been filed on behalf of the State,
          wherein specific statements are made in Paragraph Nos. 3 to 6, which
          read as follows :
               “3. I say and submit that the 52 labourers in Writ Petition No. 1078 of
               2020 were engaged as daily wage earners and were paid wages strictly
               in accordance with the minimum wages applicable at the relevant time,
               commensurate with the work performed by them. I further submit that,
               in the facts and circumstances of the present case, the said labourers
               have already received the wages legally due and payable to them, and
               therefore, no question arises for payment of any differential amount,
               including at the rate of 1/26th of the wages of permanent Government
               employees.

               4. I say and submit that the decision to retain those labourers who have
               worked for 240 days continuously or more in a year has been taken in
               view of the judgment in Writ Petition No. 15221 of 2017 dated
               04.07.2019, as well as in accordance with the Government Resolution
               dated 16.05.2024. I further submit that such retention has been effected
               strictly in compliance with the aforesaid judgment and Government
               Resolution, and is applicable only to those labourers who fulfill the
               prescribed criteria therein.


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       5. I say and submit that, out of the 52 labourers in Writ Petition No.
       1078 of 2020, 11 labourers have been found eligible and their names
       have been included in the seniority list. I further submit that the said 11
       labourers shall be considered for induction into service in future, in
       accordance with their position in the seniority list and subject to
       availability of vacancies at the relevant time.

       6. I further submit that, in view of the position emerging from the result
       of the year 2018, there is no impediment in considering the case of the
       said 11 eligible labourers with regard to payment of the differential
       amount, if otherwise admissible in accordance with law. However, as
       regards the remaining labourers, who continue to be engaged on daily
       wage basis, I submit that they have been paid wages as per the
       applicable minimum wages, and therefore, no question arises for
       payment of any differential amount to them.”


2.      The learned AGP appearing for the petitioners submits that the
present petition can be disposed of in view of the specific contentions
raised in the affidavit-in-reply filed on behalf of the State, as referred
to above. He further makes an oral grievance that all the employees
are fighting for their rights. Therefore, he submits that necessary
directions need to be issued to the authorities to grant the benefits
within the stipulated period.



3.      In view of the above, the present petition stands disposed of
pursuant to the reply filed by the State Government.


4.      The authorities are directed to grant the benefits to the
employees within a period of three months from today.




                                           [SIDDHESHWAR S. THOMBRE, J.]



Sameer/March-2026



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