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2016 Supreme(Bom) 1720

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Mumbai Port Trust Non SC/ST Employees Association & Ors. – Appellant
Versus
Board of Trustees of Mumbai Port Trust & Ors. – Respondent


Advocates Appeared:
For the Petitioner: Mr. V.Y. Sanglikar
For the Respondents: Mr. Sudhir Talsania, Ms. Sneha Pandey, M/s. Motiwalla & Co., Mr. Y.S. Bhate i/b Mr. Vinod Joshi, Dr. Suresh Mane, Mr. Vijay Shiktode

JUDGMENT :

S.C. Dharmadhikari, J.

1. By this writ petition under Article 226 of the Constitution of India, the petitioner-Association and its office bearers are seeking the following reliefs :-

(a) this Hon'ble Court be pleased to issue a Writ of Certiorari or any such other appropriate writ, order or direction calling for the records relating to the issuance of the OM dated 21.1.2002 and the actions taken in pursuance to OM dated 21.1.2002, this Hon'ble Court be pleased to quash and set aside the OM dated 21.1.2002 being “Ex A1” hererto;

(b) this Hon'ble Court by a writ of Mandamus or any such other appropriate writ, order or direction, be pleased to quash and set aside letter at Ex F and all the actions taken as per OM dated 21.1.2002 or otherwise including promotions and fixation of seniority being against judgment at Ex A2 and illegal, erroneous, bad-in-law and arbitrary;

(c) that this Hon'ble Court be pleased to issue Writ of Mandamus directing the Respondents to recalculate seniority and effect promotions as per OMs dated 30.1.1997 and 2.7.1997 being Ex “J” and Ex “K” hereto;”

2. The petitioners have stated in the writ petition that their Association protects and safeguards the rig































































































































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