Created by Fuzzy Cloud

Bombay High Court

DIPALI GANESH BAVDHANKAR AND ORSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY STATE TRANSPORT AND ORS

Disposal
Allowed To be withdrawn

Holding

The writ petition is disposed of as withdrawn, with liberty granted to the petitioners to file an appropriate complaint in the Industrial Court.

Summary

The petitioners, Dipali Ganesh Bavdhankar and others, filed a writ petition seeking relief but later requested permission to withdraw the petition and instead pursue a complaint before the Industrial Court under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The High Court considered the request and disposed of the writ petition as withdrawn, granting the petitioners the liberty they sought. The Court also directed that, since the petition had been pending, the Industrial Court should take into account any delay if the issue is raised before it. No substantive merits of the original petition were adjudicated. The order was signed by Justices Sharmila U. Deshmukh and Neeraj P. Dhote on 5 October 2026.

Issues considered

  • Whether a writ petition pending before the High Court can be withdrawn at the request of the petitioners
  • Whether the petitioners may be directed to approach the Industrial Court under the MRTU & PULP Act

Legislation cited

Subjects

  • withdrawal of writ petition
  • industrial court
  • trade unions
  • unfair labour practices
  • procedural law

Judgment

                                                                                           89-WP-9785-2025.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIRCUIT BENCH AT KOLHAPUR
                                                CIVIL APPELLATE JURISDICTION
                                               WRIT PETITION NO. 9785 OF 2025
                        Dipali Ganesh Bavdhankar and Others                    ...Petitioners
                                  Versus
                        The State of Maharashtra and Others                    ...Respondents
                                                         ——————
                        Mr. Aditya Raktade for the Petitioners.
                        Mr. Atul P. Vanarase, AGP, for the Respondents-State.
                        Mr. Nitesh Bhutekar (Through VC), for the Respondent Nos.2 to 5.
                                                         ——————
                                                          Coram : Sharmila U. Deshmukh &
                                                                  Neeraj P. Dhote, JJ.
                                                            Date     : October 05, 2026.
                        P. C. :

                        1.        The   learned   counsel   appearing    for   the   Petitioners,        on

                        instructions, seeks permission to withdraw the petition to ile an

                        appropriate complaint in the Industrial Court under the Maharashtra

                        Recognition of Trade Unions and Prevention of Unfair Labour Practices

                        Act, 1971 (‘MRTU & PULP Act’).

                        2.        The Petition is disposed of as withdrawn, with liberty as prayed

                        for.

                        3.        As the petition has been pending before this Court, the Industrial

                        Court to take into consideration the said aspect while considering the

                        issue of delay, if raised.



                         [Neeraj P. Dhote, J.]                          [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.10.06
                        Gaikwad RD                          1 of 1
           10:52:23
           +0530


Continue reading with your account

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

Sign in to read

Checking your session…

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