UPENDRA RAMANLAL MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petition is filed challenging the provisions of the M. R. T. U. and P. U. L. P. Act brought in by the State of Maharashtra in form of Maharashtra Act No. XXII of 1999. By this amending Act the State wanted to include clause No. 5 in Section 3 as well as to amend clause 18 of Section 3. Proposed amendments are as under: (a) for clause (5), the following clause shall be substituted namely:

(2.) THE arguments advanced before us is that historically when sales promotion employees were being accepted to be workmen either under the Industrial Disputes Act, 1947, the Central Act or the Bombay Industrial relations Act, the State Act, there is no question of treating them as such by way of aforesaid amendment.

(3.) SECONDLY it was urged before us that the definition clause of sales promotion employees as contained in the said Sales Promotion employees Act, hereinafter referred to as "spe act". Section 2 clause (d) reads as under: