Bombay High Court

THE KOLHAPUR MUNICIPAL TRANSPORT THROUGH THE TRANSPORT MANAGER TINA CHANDRAKANT GAVALIversusSHRI. PRASHANT BALKRUSHNA POWAR AND ANR

Disposal: Disposed Off

Holding

The employee respondents shall be regularized with all consequential benefits.

Summary

The Kolhapur Municipal Transport, through its Transport Manager, filed a writ petition challenging an order of the Industrial Court that affected its employee respondents. The petitioner relied on a common judgment and order issued in a similar group of cases (Writ Petition No. 9177/2025) and noted that a Special Leave Petition against that order had been dismissed by the Supreme Court. The High Court examined the impugned orders and, finding no distinction from the earlier decided matters, chose to follow the same reasoning. Consequently, the court dismissed the writ petition, modified the Industrial Court's order to direct that the employee respondents be regularized with all consequential benefits, and gave the employer eight weeks to implement the direction. No costs were awarded.

Issues considered

What is the appropriate relief for the employee respondents regarding regularisation and benefits?
Should the writ petition filed by Kolhapur Municipal Transport be dismissed in view of the common order in similar cases?

Subjects

writ petition
regularisation
industrial court
employee benefits
municipal transport
common order
appellate jurisdiction

Judgment

                                                          904 WP 15912 OF 2022.odt

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                       CIVIL APPELLATE JURISDICTION

                    904 WRIT PETITION NO. 15912 OF 2022

     THE KOLHAPUR MUNICIPAL TRANSPORT THROUGH THE TRANSPORT
                   MANAGER TINA CHANDRAKANT GAVALI
                                     VERSUS
              SHRI. PRASHANT BALKRUSHNA POWAR AND ANR
                                         ...
     Advocate for Petitioner : Mr. Abhijit Adagule a/w Adv. Manjiri Kulkarni,
                                Adv. Riddhi Gajabi
                                          ...
                         CORAM                : SHAILESH P. BRAHME, J.

                        DATE                : 01.10.2026


PER COURT :

          The learned counsel for the petitioner tenders on record common
judgment and order passed by the coordinate bench in a similarly situated
matters. Present matter is a left out matter from the group decided by the
common judgment.         It is further informed that Special Leave Petition
preferred against the order has been dismissed by the Apex Court.

2.       I have gone through the impugned orders and the challenge raised in
the petition. I have also gone through common order dated 27.04.2026
passed in Writ Petition No. 9177/2025 and connected matters. Present case
is squarely covered by the common order. There is no reason to take any
different view. I propose to follow the same course. Hence, I pass following
order:

                                  ORDER

            A)       Writ petition preferred by Kolhapur Municipal
            Transport is dismissed.


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                                                           904 WP 15912 OF 2022.odt

        B)          The impugned order passed by the Industrial
        Court is modified with a direction that the respondent-
        employee shall be regularized with all consequential
        benefits.

        C)          The petitioner-employer shall implement above
        directions within a period of eight weeks from the date of
        this order.

        D)          There shall be no order as to costs.



                                       ( SHAILESH P. BRAHME, J.)




mkd/-




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