Wpl 1642.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION W.P.(L) NO. 1642/2011 Sulekha Deshmukh & Ors. Petitioners Vs. Mr.Vikram Patil,Sr.P.I. Bhoiwada P.S.Mumbai & Ors. Respondents Ms.V.B.Thadani i/b Mr.Vishal Thadani for petitioners Mr.Shekhar Ingawale,AGP for State Mr.Yogesh Israni for Res.3 Coram-P.B.Majmudar, And Mrs.Mridula Bhatkar,JJ. Date- 11 th August,2011. P.C. 1 This petition has been filed by the lady waitresses as well as the lady singers who are serving with a particular hotel, of which proprietor/partner is joined as respondent no.3 in this petition. 3 The grievance of the petitioners-lady waitresses/singers is that Bhoiwada police station has given oral directions to the hotel owner that he should not allow lady waitresses/ lady singers to enter in their hotels. In view of the said oral directions, respondent no.3 Wpl 1642.11 2 is not permitting them to attend the duties which virtually amounts to termination of services of the lady employees. It is vehemently argued by Mrs.Thadani that the police cannot give such directions and it is fundamental right of a lady to serve in particular restaurant as per the time limit prescribed. It is submitted that any oral direction given by the police officer asking the hotel owner not to allow the lady waitresses/singer is against the fundamental right of the lady employees and the ladies are entitled to serve even in the restaurants as now a days ladies are serving wherever they like as per their choice. It is the right of a lady employee to serve and compete with male employees in all services. 4 Learned counsel appearing for respondent no.3 states that because of oral directions given by the police officer, these lady employees are not allowed to enter in the hotel . 5 Learned A.G.P. States that the Sr.P.I. of Bhoiwada police station is present in the Court and that Wpl 1642.11 3 he has received instructions from him . On the basis of such instructions he submits that no such oral directions are given in any manner and the statement in that behalf is not correct. It is submitted that the police authority has not given any such direction and the police authority has no objection if the lady employees are permitted to serve as waitresses up to 9.30 p.m. and singers are permitted to continue their singing activity as per the rules up to 1.30 a.m. as per the terms and conditions prescribed in the license. It is submitted that in case there is breach of license conditions, then only the police authority will take action in accordance with law. This statement of the learned A.G.P is taken on record. It is submitted that the petition is filed with a view that the hotel owner may continue his business without any check and even if in case the police organize any raid he can ask the police not to enter the premises by virtue of the order of this Court. Neither oral instructions have been given nor such oral instructions will be given in future asking the hotel management not to appoint lady waitresses/singers. 6 We have noted the presence of Sr.P.I. of Wpl 1642.11 4 Nagpada Police Station, Mr.Vikram Patil. 7 In view of the statement of the learned A.G.P.that no oral instructions have been given nor such oral instructions will be given in future asking the hotel management not to appoint lady waitresses/singers as lady waitresses/ singers can be appointed as per the terms and conditions, the petition is disposed of . It is pointed out by the A.G.P.that no harassment will be caused to the lady waitresses/singers in any manner. The hotel management is accordingly permitted with clear directions that they will abide by the terms and conditions of the license. In case any irregularity is notice, the police officer is entitled to take action against the individual hotel owner, in accordance with law. Petition is disposed of accordingly. (P.B.Majmudar,J.) (Mrs.Mridula Bhatkar,J.) Wpl 1642.11 5