mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PIL PETITION NO. 32 OF 2008 The B.E.S.T. Workers Union .Petitioners Vs. The Municipal Corporation of Greater Mumbai & Ors. ..Respondents Mr. Vishal Bodhe i/b. P.M. Patil for petitioner. Mrs. S.Ajit Kumar for respondent No.1. Mr. S.K. Talsania, Senior Counsel with Ms. Kavita Anchan i/b. M.V. Kini & Co., for the Respondent Nos. 2 and 3. Mr. R.J. Mane, AGP for respondent No.5. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 14TH JANUARY, 2010 P.C. The matter was on board last week. Request was made to adjourn the matter as the Counsel was not available. The matter was on board again today. Once again the adjournment is sought on the ground that the Counsel was not well and had to leave the Court. 2. We have perused the contents of the petition. The Union herein seeks to challenge certain actions taken by the management purely in its managerial capacity. In our opinion this petition is not only frivolous but a total abuse of the extra ordinary jurisdiction of this Court. We are absolutely clear that the matter pertains to managerial functions. The petition in this form is not maintainable. It appears that the petition is nothing but an outcome of actions taken by the management in which the petitioners were not directly affected. 3. Considering the above, petition dismissed. The petitioner to pay costs quantified at Rs.25,000/- in favour of the respondent No.2. (J.H. BHATIA, J.) (F.I. REBELLO,J.)