MAHARASHTRA RAJYA MATHADI TRANSPORT AND GENERAL KAMGAR UNION Vs. GROCERY MARKETS AND SHOPS LABOUR BOARD

JUDGEMENT

(1.) THE Honble Chief Justice has constituted this bench because the Division Bench of this Court has referred following question for consideration by the larger Bench:

(2.) THE relevant developments leading to the Division bench referring the aforesaid question are that the legislature of the State of Maharashtra enacted the maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 (hereinafter referred to as the "act" for the sake of brevity), which came into force on 13-6-1969. The state Government in exercise of its power conferred by the Act framed the Cotton Merchant Unprotected workers (Regulation of Employment and Welfare) Scheme 1972; (hereinafter referred to as Cotton Merchant scheme ). The constitutional validity of the Act and the Cotton Merchant Scheme was challenged by the employer in an establishment dealing with yarn-waste by filing Misc. Petition No. 150 of 1973. That petition was decided by the learned single Judge of this Court (Honble Mr. Justice Rege) by judgment dated 19th April, 1974. The learned Judge held the act and the scheme to be constitutionally valid except for clause (n) framed by sub-section 2 of section 3 of the Act and clause 6 (11) (v) read with clauses 33 and 43 of the Cotton Merchant Scheme.

(3.) MISC. PETITION No. 414 of 1973 was filed in this court by the employer engaged in Khokha and Timber market challenging the constitutional validity of the act and the Khokha and Timber Unprotected Workers (Regulation of Employment and Welfare) Scheme 1973. That Petition was decided by order dated 24th April, 1974 by the same learned Judge. The learned single judge followed his earlier judgment dated 19th April, 1974 in Misc. Petition No. 150 of 1973 and held the Act and the Scheme to be constitutionally valid except the same provisions which were found to be invalid by the earlier judgment.