HINDUSTHAN LEVERS MAZDOOR SABHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this batch of 7 Writ Petitions filed by various employees Unions is challenged the validity of the following Notification dated 9th October 1992 issued by the Industries, Energy and Labour Department of the State Government, in exercise of the powers conferred by section 13 of the Maharashtra Workmens Minimum House Rent Act, 1983 (`the Act): "no. HRA. 3191/992/lab-3a.---In exercise of the powers conferred by sub-section (1) of section 13 of the Maharashtra Workmens Minimum House Rent Allowance Act, 1983 (Mah. XXIII of 1988), the Government of Maharashtra, being satisfied that it is just and proper to do so in the public interest, hereby directs that, with effect from 1st January 1991, the provisions of the said Act, shall not apply to the factories and establishments in relation to their workmen drawing wages as on 1st January 1991 or thereafter at the rates exceeding the limits mentioned in Column (4) with reference to the Zones and Areas mentioned in Column (2) and (3), respectively, of the Schedule below, subject to the condition that where the wages of the workmen exceed the limits of wages in the respective Zones, the House Rent Allowance payable to such workmen shall be calculated as if their wages were as per the limits in Column (4) of the Schedule below : Serial zone areas limits of wages No. (1) (2) (3) (4)

(2.) SECTION 13 reads thus : 13. Power to exempt in special cases.---

(3.) THE challenges are that the notification is (i) in excess of power conferred under section 13, (ii) against the basic provisions of the Act, (iii) arbitrary, and (iv) vitiated by non-application of mind. Additional challenge is to the retrospectivity from 1-1-1991 on the ground of unreasonableness.