MAHINDRA & MAHINDRA LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Rule is made returnable forthwith. Learned Asst. Govt. Pleader Mrs. Joshi waives service on behalf of respondent no.1, and learned Adv. Mr. S.D. Thakur for respondent nos. 2 to 171.

(2.) THE petitioner Mahindra and Mahindra Ltd., has filed the present Writ Petition for the following reliefs: -

(3.) THE respondents -workers had approached the respondent no.1 -State of Maharashtra by filing an application on 25th September, 1997, praying for abolition of the Contract Labour System in the establishment of the petitioner Mahindra and Mahindra Ltd. For the first time on 20th July, 2004, the State Govt. issued notice thereon. Thereafter, on 23rd March, 2007, the workers made representation in detail. In the meanwhile, in September, 2009, the workers filed an application under Sections 78 and 79 of the Bombay Industrial Relations Act, 1946 [Bombay Act No. XI of 1947] for a declaration that they ceased to be the contract workers and be treated as the workmen of Mahindra and Mahindra Ltd. On 9th December, 2011, the respondent -State Govt. issued a Notification No. CLA -08/2011/CRI 94/Lab -10 and abolished Contract Labour System. The petitioners, having become aware about the same, immediately filed the present Writ Petition in this Court on 30th January, 2012 and obtained stay order in respect of the said Notification dated 9th December, 2011. ARGUMENTS :