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2026 DAILYLAW 14640 (BOM)

M/S. T. G. TERMINAL PVT LTD v. PRESIDENT SAMBHAJI BRIGADE KAMGAR UNION AND ANR

WP/12747/2026 · 2026-10-01

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sonali Mane 14-WP-12747-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12747 OF 2026 M/s. T. G. Terminal Pvt. Ltd. … Petitioner Versus President Sambhaji Brigade Kamgar Union And Anr. … Respondent Mr. Dinesh Pednekar a/w Mr. Minhas Joshi i/b Economic Laws Practice for the Petitioner. Mr. Arpit K. Ashok i/b Mr. Tanaji Jadhav for Respondent No.1. CORAM : SANDEEP V. MARNE, J. DATE : 1 OCTOBER 2026. P.C. : 1) The Petition challenges Order dated 4 March 2026 passed by the Presiding Officer, Industrial Tribunal, Thane rejecting the preliminary objection raised by the Petitioner-Management about maintainability of the reference against it. 2) Perusal of the impugned order would indicate that the Industrial Tribunal has held that the concerned workers are deployed to work on contract basis at the establishment of the Petitioner. Whether the Petitioner is liable to make them permanent and to pay them salary, wages and other benefits or not is subject matter of ___Page No. 1 of 2 ___ 1 October, 2026 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2026.10.06 11:02:29 +0530 Sonali Mane 14-WP-12747-2026.docx dispute on merits. If it is ultimately found that the contractor has not paid statutory dues to its workers, naturally, the responsibility would fall on the Petitioner in its capacity as a principal employer. At this stage, it is too early to gauge as to whether any claim would lie against Petitioner or not. 3) The Industrial Tribunal has rightly dismissed the objection raised by the Petitioner. However, it is clarified that observations made in paragraph 6 of the impugned order about the legal or moral responsibility of the Petitioner-Management shall not be treated as final determinative of Petitioner's liability. 4) All contentions on merits are expressly kept open. 5) Writ Petition is accordingly disposed of. [SANDEEP V. MARNE, J.] ___Page No. 2 of 2 ___ 1 October, 2026