Bombay High Court

DIVISIONAL CONTROLLER MAHARASTHRA STATE ROAD TRANSPORT CORPORATION AND ANRversusDEEPAK THAKAJI NAVALE AND ANR

Decided: 20 August 2026
Disposal: Disposed Off

Holding

The writ petition is dismissed as there is no substantive issue remaining and the petition cannot be kept pending indefinitely.

Summary

The Maharashtra State Road Transport Corporation (MSRTC) filed a writ petition challenging a 2021 Industrial Court order that set aside a 2015 pay fixation for two artisans and directed re-fixation of their pay scales. The High Court noted that similar orders had been passed by the Industrial Court in Latur and were already implemented by MSRTC, and that MSRTC had not challenged those orders. The petitioners repeatedly sought adjournments, and on the latest hearing no petitioner counsel appeared. The Court held that the petition could not be kept pending indefinitely and that there was no purpose in further delay. Consequently, the writ petition was disposed of.

Issues considered

Whether the writ petition challenging the Industrial Court's order should be dismissed due to lack of a pending challenge and implementation of similar orders.

Subjects

writ petition
industrial court
pay fixation
adjournment
petition dismissal

Judgment

2026:BHC-AS:34473
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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                                   WRIT PETITION NO.15173 OF 2023

             Divisional Controller
             Maharashtra State Road
             Transport Corporation & Anr.                                      ....Petitioners
                   V/S
             Deepak Thakaji Navale & Anr.                                      ....Respondents
                                                    _________

             Mr. Prathmesh Mandlik i/b Mr. Dhananjay D. Rananaware for the
             Petitioners.

             Mr. K.N. Shermale for Respondents.
                                          __________

                                           CORAM : SANDEEP V. MARNE, J.
                                           DATE : 20 AUGUST 2026.

             P.C.:


             1.       By this Petition, Petitioner-Maharashtra State Road Transport
             Corporation (MSRTC) has challenged the judgment and order dated 3
             March 2021 passed by the Industrial Court, Thane, by which order dated
             9 October 2015 of pay fixation of Respondent No.1 has been set aside
             and Petitioners are directed to re-fix the pay scale of Respondent Nos.1
             and 2 in the post of Artisan, category A. When the present Petition came
             up on 16 June 2025 following order was passed:

                      “1.    Heard Mr. Rananaware, learned Advocate            for    Petitioner    and
                      Mr. Shermale, learned Advocate for Respondent.
                      2.      Impugned order records a decision passed by the Industrial Court Latur
                      in similar circumstances wherein workers having completed 5 years of service
                      in the earlier cadre have been absorbed in the meantime by way of direct
                      selection process have joined the posts of Artisan category A with the
             katkam                                      Page No. 1 of 2
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                                  Respondent Corporation and this decision has not been challenged by the
                                  MSRTC. In that view of the matter, learned Advocate for MSRTC would
                                  persuade the Court to adjourn the matter to next week to enable him to take
                                  appropriate instructions as to whether the said challenge has been maintained
                                  or otherwise. If no such challenge has been maintained by the MSRTC, the
                                  present Petition will have to be dismissed and the order dated 03.03.2021 will
                                  have to be upheld.
                                  3.     Stand over to 23rd June, 2025.”


                         2.       It thus appears that similar orders are passed by the Industrial
                         Court in other cases. Mr. Shermale, the learned counsel appearing for
                         Respondent Nos.1 and 2 submits on instructions that those orders are
                         already implemented. The Petition would have been disposed of by this
                         Court on 16 June 2025 itself, however, hearing thereof came to be
                         adjourned in order to enable Petitioners to take instructions. The
                         Petition has thereafter appeared on Board on several occasions. On 5
                         August 2026 none had appeared for the Petitioners and the Petition was
                         adjourned by way of last chance. Today i.e. on 20 August 2026 also time
                         is sought by the learned counsel for the Petitioners-MSRTC. The Petition
                         cannot be kept pending indefinitely. Since similar orders passed by the
                         Industrial Court are apparently implemented by the Petitioners, no
                         purpose would be served in keeping the Petition pending any further.
                         Writ Petition is accordingly disposed of.


                                                                                       (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                       Page No. 2 of 2
Designation: PS To Honourable Judge
Date: 21/08/2026 11:11:42

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