vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5608 OF 1996 WRIT PETITION NO.5608 OF 1996 WRIT PETITION NO.5608 OF 1996 Pune Mahanagar Palika Kamgar Sanghatana ... Petitioner V/s. Pune Municipal Corporation & Anr. ... Respondents Mrs.Neeta Karnik for Petitioner Mr.R.G. Ketkar for Respondent No.1 CORAM: SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, J. J. J. DATED: DECEMBER 1, 2006 DECEMBER 1, 2006 DECEMBER 1, 2006 P.C.: P.C.: P.C.: . This Petition challenges the order of the Industrial Court dismissing the complaint filed by the Petitioners on behalf of Paniwalas employed initially with the Maharashtra Water Supply and Sewerage Board and whose services had been taken over by the Pune Municipal Corporation. The complaint which was filed by the Petitioners under Items 5 and 9 of Schedule IV of the MRTU & PULP Act raised the same contentions as the complaint (ULP) No.7 of 1993 filed by the Petitioners in respect of the Pump Operators. The defences raised to the present complaint are the same as the defences raised in the aforesaid complaint. The Petitioners had examined one Paniwala and one Mazdoor, both of whom have deposed that they are doing the same kind of work. No evidence has been led by the Respondents in rebuttal. The Industrial Court had rejected the present complaint : 2 : for the same reasons as spelt out in the order in Complaint (ULP) No.7 of 1993. 2. The judgment and order in Complaint (ULP) No.7 of 1993 was challenged by the Petitioner by preferring Writ Petition No.5606 of 1996. Rule has been made absolute in that Petition and the complaint was allowed. 3. For the reasons set out in Writ Petition No.5606 of 1996, this Writ Petition is also allowed.