ASHOK KUMAR MOTUMAL AND COMPANY AND OTHERS Vs. STATE OF MAHARASHTRA (THROUGH SECRETARY, INDUSTRIES, LABOUR AND ENERGY DEPARTMENT), BOMBAY, AND OTHERS

JUDGEMENT

(1.) Under S. 4 of the Maharashtra Mathadi, Hama] and other Manual Workers (Regulation of Employment and Welfare) Act (Maharashtra Act, XXX of 1969), a scheme has been framed known as The Kolhapur Grocery Markets or Shops, Markets or Subsidiary Markets, Public Goods, Transport Undertakings, Unprotected Workers (Regulation of Employment and Welfare) Scheme, 1984. The object of the scheme is to ensure an adequate supply and full and proper utilisation of unprotected workers employed, inter alia, in markets or subsidiary markets established under the Maharashtra Agricultural Produce Marketing (Regulation) Act (Maharashtra Act XX of 1964), in connection with loading, unloading, stacking, carrying, weighing, measuring, filling, stitching, sorting, cleaning or such other work including work preparatory or incidental to such operations. Hence, the scheme clearly applies to the petitioners, who are the members of the onion and potato markets at Shri Shahu Market Yard, Kolbapur which is covered by the Maharashtra Act XX of 1964.

(2.) The contention of the petitioners that, in view of the application of the Maharashtra Act XX of 1964 to them, and in view further of their activities being regulated under this Act, the Maharashtra Act XXX of 1969 does not apply to them has no basis. Under S. 4 of the latter Act, the State Government may frame a scheme for any scheduled employment or group of scheduled employments in one or more markets prescribed in that scheme. The schedule of employment, which is laid down under S. 2 (ix) of this Act, expressly covers employment in vegetable markets, including onion and potato markets. The scheme, which is framed, therefore, is in accordance with the provisions of the latter Act.

(3.) Writ petition is, therefore, dismissed.