LAWS(BOM)-2018-4-238

GONDWANA CLUB Vs. STATE OF MAHARASHTRA AND ANOTHER

Decided On April 05, 2018
Gondwana Club Appellant
V/S
STATE OF MAHARASHTRA AND ANOTHER Respondents

JUDGEMENT

(1.) Heard Shri. H.V. Thakur, learned Counsel for the petitioner and Ms. A.R. Kulkarni, learned A.G.P. for respondents.

(2.) Shri. Thakur, learned counsel contends that petitioner, a Club, infact an association of individuals has been complying with the provisions of Contract Labour (Regulation and Abolition) Act, 1970 and accordingly, the contract labours were being provided till issuance of the impugned notification dated 09.03.2004. Thereafter, in present petition on 28.10.2004, while admitting the challenge, this Court granted interim relief and therefore, that system is still continued.

(3.) By placing reliance upon Constitution Bench judgment of Hon'ble Supreme Court reported at AIR 2001 SC 3527 (Steel Authority of India Ltd. v. National Union Water Front Workers and others), he submits that the violation of Act also does not result in automatic regularization of labour employed through contract.