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2019 Supreme(Bom) 1503

S.C.DHARMADHIKARI, G.S.PATEL
Mumbai Shahar Berojgar Seva Sahakari Sanstha Federation Ltd. – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates Appeared:
Neeta Karnik, Adv., A.Y. Sakhare, Adv., P.M. Palshikar, Adv., Vandana Mahadik, Adv.

JUDGMENT :

G.S. Patel, J.

Petitioner No.1 is a federation of 120 registered cooperative societies of unemployed persons. Petitioner No.2 is a member of Petitioner No.1.

2. We have heard Ms Karnik for the Petitioners and Mr Sakhare, Senior Advocate, for the Respondents. With their assistance, we have considered the material before us. In our view, it is not possible to grant the relief sought.

3. Our writ jurisdiction under Article 226 of the Constitution of India is invoked for these relief’s:

    This Hon'ble Court may please invoke its writ jurisdiction under Art 226 of the Constitution of India and issue a Writ of Mandamus and/or a writ, direction or order in the nature of mandamus;

(a) direct the Respondent Corporation to provide for 4.75% of the wages payable under the Contract advertised by Notice dated 19/12/2018 as Employer's share of Employee State Insurance, while computing the levy of 46% put to tender and make appropriate enhancements to Contract cost

(a)(i) That the circular dated 30/04/2011 be held to be illegal and bad-in-law and Quash and set aside the said Circular dated 30/04/2011 issued by Respondent no.1 Corporation in so far as the Employees Provident Fund and Employees'

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