IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.134 OF 2006 PUBLIC INTEREST LITIGATION NO.134 OF 2006 PUBLIC INTEREST LITIGATION NO.134 OF 2006 Girni Kamgar Karmchari & Kalyankar Sangh ..Petitioner. V/s. The State of Maharashtra & Ors. ..Respondents. Mr.I.A.Saiyed for petitioner. Mr.R.A.Dada, Senior counsel with Mrs.M.H.Doshi for respondent No.3. Mr.V.R.Dhond i/b.Federal & Rashmikant for respondent No.4. Ms.Geeta Shastri, A.G.P. for State. CORAM : SWATANTER KUMAR, C.J.AND CORAM : SWATANTER KUMAR, C.J.AND CORAM : SWATANTER KUMAR, C.J.AND J.P.DEVADHAR, J. J.P.DEVADHAR, J. J.P.DEVADHAR, J. DATED : 17TH JANUARY, 2008. DATED : 17TH JANUARY, 2008. DATED : 17TH JANUARY, 2008. P.C. :- P.C. :- P.C. :- 1. We have heard the counsel appearing for the parties. The primary cause for filing this Writ Petition is to provide work to the Textile workers and give training as contemplated under Regulation 58 of DCR as a result of the closure of the mills either for relocation or redevelopment and that the State is under obligation to provide or ensure that the workmen are provided with employment. The counsel appearing for the concerned Departments of the State, National Textile Association and the Mills Owners Association submit that a Monitoring Committee has been established under Regulation 58 of the Development Control - = : 2 : = - Regulations for Greater Mumbai, 1991 to look into the matter and determine the disputes raised by the workmen in relation to the said Mill. According to the petitioner, the Monitoring Committee has failed to comprehend and give effect accordingly in consonance with the provisions of regulation 58 of DCR. 2. It is not necessary for us to determine the factual controversy. Suffice it to note that there are disputes between the parties and the same need to be put before the competent authority to ensure that the disputes of the parties appearing before the Court are settled. Keeping in mind this basic object, we issue the following directions:- i) The Secretary, Ministry of Urban Development Department, Government of Maharashtra shall hold a meeting inviting various organisations appearing in this petition, including the petitioners in a representative capacity and draw a definite scheme for the workmen so as to settle the disputes between the parties. The workmen are at liberty to be represented through their counsel. ii) The Secretary, Ministry of Urban Development Department shall also look into the grievances - = : 3 : = - of the Mill workers of more than 20 mills which had approached the Government for development of Mill lands irrespective of the fact as to whether the workers of those Mills had approached the Court or not. iii) Workmen shall file a composite statement giving details of the workmen who have opted for VRS or closure compensation. This list shall contain whether the workmen had full and final settlement of the accounts including the voluntary retirement scheme and the basic qualification of the workmen as it is an important aspect to be considered if the matter is to be resolved particularly after amendment to Regulation 58 of DCR. iv) The above list shall be furnished to the Secretary within 3 months from today as prayed by the learned counsel appearing for the petitioner. v) Upon submission of the said list, the Secretary after having served the notice on the concerned parties shall deal with the particulars furnished and frame appropriate policy. Whatever dispute or policy is determined by the - = : 4 : = - State that should not be referred to the Monitoring Committee. However, if there are any points which require adjudication or determination, the matter shall be referred to the Monitoring Committee and the Monitoring Committee shall expeditiously deal with those matters. Before and even while framing the Policy, the Secretary concerned shall work in consultation with the representative through its Chairman to ensure that there shall be no conflict. vi) The Secretary as well as the Monitoring Committee shall work as expeditiously as possible keeping in view the fact that the workmen themselves are claiming 3 months for filing the composite statement. 6. In the light of the above directions, the petition is disposed of with no orders as to costs. 7. Liberty to the parties to take action as are permitted to them in accordance with law upon compliance of the above directions. 8. All concerned to act on the authenticated copy of the order. - = : 5 : = - CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE J.P.DEVADHAR, J. J.P.DEVADHAR, J. J.P.DEVADHAR, J.