Created by Fuzzy Cloud

Bombay High Court

PRASHIK SECURITY AND MANPOWER SERVICESversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The writ petition is dismissed for non‑prosecution.

Summary

M/s Prashik Security and Manpower Services filed a civil writ petition challenging an order under the Minimum Wages Act, 1948 that directed it to deposit amounts for the difference in payment of minimum wages to workers. The petitioner failed to appear at multiple hearings dated 06‑07‑2026, 27‑07‑2026, 10‑08‑2026 and again on the final date of 05‑10‑2026, despite being given a last opportunity to be listed for dismissal. The Court observed that the petitioner appeared uninterested in pursuing the matter. Accordingly, the Court dismissed the writ petition for non‑prosecution and vacated any interim or ad‑interim orders. The decision emphasizes that a petitioner must actively prosecute a writ petition or it may be dismissed. No merits of the underlying wage dispute were examined.

Issues considered

  • Whether a writ petition may be dismissed for non‑prosecution when the petitioner fails to appear at successive hearings?

Legislation cited

Subjects

  • Minimum Wages Act
  • writ petition
  • non‑prosecution dismissal
  • civil procedure
  • labour law

Judgment

                                                                              2.as.wp.2012.2011.doc




                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
         Digitally
         signed by
         VINA
VINA     ARVIND
ARVIND   KHADPE                         CIVIL WRIT PETITION NO. 2012 OF 2011
KHADPE   Date:
         2026.10.05
         17:34:27
         +0530
                      M/s. Prashik Security and Manpower Services    … Petitioner
                            Versus
                      The State of Maharashtra and ors.              … Respondents
                                                       ***
                      None for Petitioner.
                      Mr. Sandip L. Babar, AGP for Respondent-State.
                                                       ***
                                                          CORAM : M.M. SATHAYE, J.
                                                                  DATE   : 05 OCTOBER, 2026
                      P.C. :

                      1.        On 28.09.2026, the following order was passed :-

                               “1.     None for the Petitioner.

                               2.      Petitioner is challenging the order passed under
                                       Minimum Wages Act, 1948 directing the
                                       Petitioner to deposit the amount towards
                                       difference of payment of minimum wages of the
                                       Workers.

                               3.      Record shows that recently on 06.07.2026,
                                       27.07.2026 and 10.08.2026, nobody appeared for
                                       the Petitioner and the matter was adjourned.
                                       Today also nobody is appearing for the Petitioner.

                               4.      In that view of the matter, stand over to
                                       05.10.2026 as a last opportunity. To be listed ‘for
                                       dismissal’ .”

                      2.        Today the matter is listed for dismissal. However, none appears
                      for the Petitioner. It appears that the Petitioner is not interested in
                      proceeding with the matter.


                      Vina Khadpe                                 1
                                                      2.as.wp.2012.2011.doc




3.     Writ Petition is accordingly dismissed for non prosecution.
Interim / ad-interim order, if any, stands vacated.

4.     All concerned to act on duly authenticated or digitally signed
QR verifiable copy of this order.


                                              (M.M. SATHAYE, J.)




Vina Khadpe                           2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.