POONA MERCHANTS CHAMBER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Aney, learned Senior Counsel, for petitioner, Mr. Vanarse, Assistant Government Pleader, for respondent Nos. 1 and 2 and Mr. Rao, learned Counsel for respondent No. 3.

(2.) ON 23rd July, 1973 Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 (for short "mathadi Act of 1969") was made applicable in the areas of Pune Municipal Corporation for the scheduled employment stated therein with effect from that day itself. The notification dated 23rd July, 1973 reads thus:

(3.) THERE is no challenge to the said notification. Thus, there is no challenge about the applicability of Mathadi Act of 1969 to the areas of Pune Municipal Corporation in respect of employment in markets or subsidiary markets established under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 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. According to respondent Nos. 1 and 2, as is reflected from their reply affidavit that after the Mathadi Act of 1969 was made applicable, the scheme notified on 30th March 1974 was also made applicable, inter alia, to mathadi/weighman who, according to the said respondents, have to perform diverse manual operations like receiving the heavy loads from the hamals which is placed in tagdi; billing contents of the tagdi when the load is placed and to place heavy weights running into 100 kgs. in the other tagdi while weighing; on completion of weighing process to record weight in the presence of supervision of trader and get his signature in approval. The petitioner which is a registered association looking after the interest and welfare of the merchants dealing in grocery and kirana items within the Municipal limits of Pune Municipal Corporation and majority of its members are licence holders under the provisions of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, on the other hand seeks to contend that the said scheme notified on 30th March, 1974 is not applicable to weighman. Section 5 of the Mathadi Act of 1969 reads thus: 5. If any question arises whether any scheme applies to any class of unprotected workers or employers, the matter shall be referred to the State Government and the decision of the State Government on the question, which shall be taken after consulting the Advisory Committee constituted under section 14, shall be final. "