Bombay High Court

TRADE UNION JOINT ACTION COMMITTEE MAHARASHTRA AND 7 ORSversusSTATE OF MAHARASHTRA AND ANR

Decided: 17 January 2026
Disposal: DISPOSED OFF
Bench: G S KULKARNI AARTI A SATHE

Holding

The petition is held to be infructuous because the Occupational Safety, Health and Working Conditions Code, 2020 supersedes the challenged amendment.

Summary

The Trade Union Joint Action Committee Maharashtra and others filed a writ petition challenging the constitutional validity (vires) of the Factories (Maharashtra Amendment) 2015. The petition was filed after the promulgation of the Occupational Safety, Health and Working Conditions Code, 2020, which superseded many provisions of the earlier amendment. The High Court examined whether the amendment remained enforceable in light of the new Code. The Court held that the existence of the 2020 Code rendered the specific relief sought in the petition moot, making the petition infructuous. Consequently, the petition was disposed of as infructuous, though the Court kept open the parties' substantive contentions for any future proceedings.

Issues considered

What is the constitutional validity (vires) of the Factories (Maharashtra Amendment) 2015 in view of the Occupational Safety, Health and Working Conditions Code, 2020?

Legislation cited

Factories (Maharashtra Amendment) 2015
Occupational Safety, Health and Working Conditions Code

Subjects

occupational safety
health and working conditions
industrial law
constitutional challenge
vires
writ petition

Judgment

                                                                                            34 WP 2825-16.DOC


LAXMI
SUBHASH
SONTAKKE
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
                                    ORDINARY ORIGINAL CIVIL JURISDICTION
LAXMI SUBHASH
SONTAKKE
Date: 2026.01.21
11:00:03 +0530

                                           WRIT PETITION NO. 2825 OF 2016


                      Trade Union Joint Action
                      Committee Maharashtra And Ors                                 ...Petitioners
                             Versus
                      State of Maharashtra And Anr.                                 ...Respondents
                                                          _______
                      Mr. Jane Cox a/w Vinayak Suthar i/b.Rahul Kamerkar for Petitioners.
                      Mr. S. Bhosale i/b. Aniruddha Garge for Respondent No.2.
                      Adv. S. B. Gore, AGP for the State.


                                                            _______

                                                 CORAM:          G. S. KULKARNI &
                                                                 AARTI SATHE, JJ.

                                                 DATE:           17th JANUARY 2026

                      P.C.

                                 In view of the promulgation of the Occupational Safety, Health and

                      Working Conditions Code, 2020, the prayers as made in the present Petition which

                      challenges the vires of the Factories (Maharashtra Amendment) 2015, in our

                      opinion, render the Petition infructuous. We accordingly dispose of this Petition as

                      infructuous, however keeping open all contentions of the parties.




                              (AARTI SATHE, J.)                       (G. S. KULKARNI, J.)




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                      Laxmi

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