SINDHUBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Whether a sugar factory is entitled to discriminate between its members and non-members in the matter of payment of Fair and Remunerative Price (hereinafter referred to as the 'FRP') of sugarcane is the issue raised in the present petition.

(2.) A sort of money claim is raised in the present petition filed by eight petitioners seeking difference of amount of Rs.254.00 Per Metric Ton (hereinafter referred to as the 'PMT') for petitioner nos.1 to 4 and Rs.304.00 PMT to petitioner nos.5 to 8. The claim is in respect of sugarcane supplied to the respondent factory during the crushing season 2010-2011. They contend that the respondent factory has discriminated amongst its members and non-members by paying FRP of Rs.2104.00 PMT to members while the non-members like Petitioners are paid lesser FRP of Rs.1800.00 PMT. Therefore, difference of amount of Rs.254.00 is claimed by petitioner nos. 5 to 8. Since additional amount of Rs.50.00 PMT came to be sanctioned and paid to Petitioner Nos. 1 to 4 vide report dtd. 17/3/2016, a slightly lesser difference of Rs.254.00 PMT is claimed by petitioner nos.1 to 4.

(3.) The claim of the petitioners is premised essentially on the judgment of this Court in Shrinath Maruti Reddy and others Vs. State of Maharashtra and others [2011 (2) Mh.L.J. 154], wherein this Court held that same price is required to be paid to each and every sugarcane grower whose cane is crushed in the factory. Towards implementation of the said judgment, a circular came to be issued by the Sugar Commissioner, Maharashtra on 6/6/2013 directing that same FRP is required to be paid to a member and non-member.