Bombay High Court
Mahmmadali Niyamat ShaikhversusPune Mahanagar Parivahan Mahamandal Ltd
- Decided
- Disposal
- Disposed Off
Holding
A Badli worker has no statutory right to interim continuation of service beyond age 58, and the Industrial Court's refusal of such relief is justified.
Summary
The petitioner, a Badli worker, filed a writ petition challenging the Industrial Court's order rejecting his application for interim relief to continue service beyond the age of 58. He argued that Badli workers should be entitled to service up to age 60 and sought continuation pending a final decision. The High Court examined whether a Badli worker has a statutory right to such continuity of service. It found no record or legal provision establishing that entitlement and noted that even if the worker later succeeded, back wages could be awarded but not interim continuation. Consequently, the Court held that the Industrial Court correctly denied the interim relief and dismissed the writ petition.
Issues considered
- Whether a Badli worker is entitled to continuation of service beyond the age of 58 up to 60 years.
- Whether interim relief can be granted in the absence of a clear statutory right.
Subjects
- interim relief
- continuation of service
- Badli worker
- Industrial Court
- age limit
Judgment
Neeta Sawant 6-WP-12501-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12501 OF 2026
Mahmmadali Niyamat Shaikh ...Petitioner
: Versus :
Pune Mahanagar Parivahan ...Respondent
Mahamandal Ltd.
Mr Sachin Hande, for the Petitioner.
CORAM: SANDEEP V. MARNE, J.
DATED: 24 SEPTEMBER 2026.
P.C.:
1) The Petition challenges order date 30 March 2026 passed
by the Member, Industrial Court, Pune rejecting application at Exhibit-
U-2 seeking interim relief of continuation in service beyond the age of
58 years.
2) Petitioner appears to be a Badli worker. He is not a regular
employee of the Respondent-Corporation. Prima-facie, there is nothing
on record to indicate that Badli worker is entitled to continuity in
service till he attains the age of 60 years. In the event, Petitioner
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Neeta Sawant 6-WP-12501-2026.docx
succeeds before the Industrial Court at the time of final hearing of the
complaint that Badli worker is also entitled to work up to the age of 60
years, he can always be granted consequential benefit of backwages. No
case is made out for grant of any interim relief in favour of the
Petitioner. The Industrial Court has rightly rejected the application for
interim relief. The Writ Petition is accordingly rejected.
Digitally
signed by
NEETA [SANDEEP V. MARNE , J.]
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2026.09.24
15:03:54
+0530
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Thursday, 24 September 2026
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