Bombay High Court
THE MUNICIPAL CORPORATION OF GREATER MUMBAI THR ITS BOMBAY ELECTRIC SUPPLY AND TRANSPORTversusKIRAN KESHAV YERAM AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is dismissed, the petitioner is directed to comply with the Industrial Court order within two months, and the criminal complaints are quashed.
Summary
The Municipal Corporation of Greater Mumbai (BEST) filed a writ petition challenging an Industrial Court order dated 26 August 2024 that directed BEST to pay legal dues, arrears, and interest to certain workers. The petition argued that the order had already been partially implemented for four workers and that the corporation was prepared to comply for the remaining workers. The petition also sought relief from criminal complaints filed by workers alleging non‑implementation of the order. The High Court observed that, since the petitioner was willing to comply with the Industrial Court order, there was no longer any dispute to adjudicate. Consequently, the Court ordered the petitioner to complete payment within two months, quashed the criminal complaints, and disposed of the writ petition.
Issues considered
- Whether the writ petition should be dismissed on the ground that the petitioner is willing to comply with the Industrial Court order.
- Whether the criminal complaints filed by workers for non‑implementation of the order should be quashed.
Subjects
- Industrial Court order
- Legal dues
- Leave Travel Allowance
- Interest
- Writ petition
- Implementation
- Quash
- Labour law
Judgment
Neeta Sawant 26-WP-5378-2025.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5378 OF 2025
Municipal Corporation of Greater
Mumbai through its General Manager, BEST …..Petitioner
: Versus :
Kiran Keshav Yeram & Ors. ….Respondents
Ms. Kavita Anchan i/B. ZA Legal Associates, for the Petitioner.
CORAM : SANDEEP V. MARNE, J.
DATED : 10 SEPTEMBER 2026.
P.C :
1) The petition challenges order dated 26 August 2024 passed by
the Industrial Court on Application at Exh.U-2 passed in Complaint
(ULP) No. 325/2023. By the impugned order, the Industrial Court has
directed as under :
ORDER
1. The Application below Exh.U-2 is hereby partly allowed.
2. The Respondent No.2-BEST Underatking is directead to deposit the legal
dues of the Complainant and others in this Court as per the final due bills
prepared by the Respnddent Undertaking alongwith unpaid LTA from the year
2017 till the date of retirment of respective workers within ap eriod of two
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Thursday, 10 September 2026
Neeta Sawant 26-WP-5378-2025.docx
months from the date of this order i.e.d irected to make the payment of
complainants and otehrs of arrears, difference in paymetn of final legal dues
with interest 6% per annu. As well as directed to pay arrears as per revision of
pay-scale with effect from 01.04.2016 till the date of separation.
3. Hearing and disposal of the Complaint on merits stands expedited so as to
decided the same as early as possible within six (6) months from the date of
this order.
4. Both parties are directed to bear their own cost.
2) Ms. Anchan, the learned counsel appearing for the Petitioner
submits that the Petitioner is willing to comply with the order dated 26
August 2024. She submits that the order is already implemented qua
four workers and that the same shall be complied with qua other workers
as well. She however submits that the concerned workers have filed
criminal proceedings for non-implementation of the impugned order.
She submits that the criminal complaints filed before the Labour Court
are set aside since the Petitioner is willing to implement order dated 26
August 2024.
3) Since the Petitioner is willing to implement order dated 26
August 2024, nothing survives to be adjudicated in the petition.
Accordingly, order dated 26 August 2024 shall be complied with by the
Petitioner within 2 months. All the complaints filed against the
Petitioner alleging non-implementation of order dated 26 August 2024
are accordingly quashed and set aside. The Writ Petition is accordingly
disposed of.
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2026.09.11
14:43:51
[SANDEEP V. MARNE, J.]
+0530
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Thursday, 10 September 2026
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