LAWS(BOM)-2021-3-61

GANESH GOODS TRANSPORT COMPANY Vs. STATE OF MAHARASHTRA

Decided On March 03, 2021
Ganesh Goods Transport Company Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken up for final disposal at admission stage.

(2.) The petitioner is challenging Clauses 8 and 9.1 of the Government Resolution dated 08.05.2018 issued by the Food and Civil Supply and Consumer protection Department, Government of Maharashtra, relating to the allotment of handling contract of goods and food grains at Government godowns.

(3.) The petitioner is a contractor duly registered with respondent No.5 Mathadi Board under the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare Act, 1969. The petitioner is dealing with handling of goods and food grains under the public distribution system. The State Government has issued Government Resolution dated 05.09.2005 directing the contractors who are allotted tender work of handling at Government godown shall register themselves as owner with Mathadi Board and employ Hamals registered with Mathadi Board. The Government had issued resolution dated 29.04.2008 permitting Mathadi Hamals working at Government godowns earlier, alone eligible to do work and the payment of wages to be deposited with Mathadi Board in the background of the dispute arose between Mathadi Hamals registered with Mathadi Board and the Hamals engaged by the Contractors.