KUMAR DASHRATH KAMBLE vs BOMBAY HOSPITAL

Judgment text excerpt

Neeta Sawant WP-3766-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3766 OF 2024 Kumar Dashrath Kamble …..Petitioner : Versus : Bombay Hospital ….Respondent Mr. Arshad Shaikh, Senior Advocate with Ms. Vinsha Acharya, Mr. Rajendra Jain and Mr. Pranil Lahigade i/b Mr. Ranjit A. Agashe for the Petitioner. Mr. Sudhir Talsania, Senior Advocate with Mr. Netaji Gawade i/b. Sanjay Udeshi & Co. for the Respondent. CORAM : SANDEEP V. MARNE, J. JUDGMENT RESERVED ON : 15 DECEMBER 2025. JUDGMENT PRONOUNCED ON : 23 DECEMBER 2025. JUDGMENT : 1) Rule. Rule made returnable forthwith. With the consent of the parties, the Petition is called out for hearing and disposal. 2) By this petition, Petitioner assails the judgment and order dated 3 May 2023 passed by the Member, Industrial Court, Mumbai dismissing the Complaint (ULP) No. 312 of 2018. In the said complaint, Petitioner had prayed for declaration of permanency since the year 2006 and for payment of consequential benefits arising out of permanency during 2006 to 2017. Digitally signed by 3) Petitioner was engaged in the Respondent-Hospital as a NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: Sweeper in the year 1994. According to the Petitioner, he was 2025.12.23 15:41:09 +0530 medically examined in the year 1999 and his HIV test was negative. _____________________________________________________________________________ PAGE NO. 1 of 26 23 DECEMBER 2025 Neeta Sawant WP-3766-2024 It appears that the recognised Union of the Hospital had filed Complaint (ULP) No. 187 of 2005 seeking grant of permanency to 188 temporary workmen working in the hospital. According to the Respondent-Hospital, the dispute in the complaint was amicably resolved and a Memorandum of Settlement dated 1 Dece