RASHTRIYA MILL MAZDOOR SANGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution challenges the validity of the notification dated October 7, 1965, issued by the State Government of Maharashtra that in relation to respondent No. 2, which is a relief undertaking, an agreement dated November 7, 1964, between respondent No. 2 and the Rashtriya Mill Mazdoor Sangh, Nagpur, relating to the payment of dearness allowance should be suspended. They also challenged the notice issued by the Factory Manager of respondent No. 2 on October 9, 1965, as ultra vires and unauthorized exercise of powers by respondent No. 2. We may mention that the petitioners challenged the provisions of the Bombay Relief Undertakings (Special Provisions) Act, 1958, but that challenge' has not been pressed and no arguments were addressed before us with respect to that relief.

(2.) IN order to understand the grievance of the petitioners certain facts are necessary to be stated.

(3.) SUBSEQUENT to this notification the Government of Maharashtra has been issuing periodical notifications continuing to treat respondent No. 2 as a relief undertaking. We have been supplied with copies of such notifications issued on March 8, 1961, April 4, 1961, January 13, 1962, March 29, 1962, September 19, 1962, March 25, 1963, March 25, 1964, March 9, 1965, and September 23, 1965. The net result of exercise of powers under Sections 3 and 4 of the Relief Undertakings Act is that respondent No. 2 is continued as relief undertaking and is continued to be exempted from several provisions of the statutes mentioned in the notifications from time to time.