GODREJ SOAPS LTD Vs. MUKUT SINGH CHANDEL

JUDGEMENT

(1.) THIS judgment shall govern the disposal of W. P. No. 1866/2002, W. P. No. 2172/2002 and W. P. No. 2173/2002. Common question is involved in all four petitions that whether provisions of M. P. I. R. Act is applicable to the petitioner-firm, which manufactures soaps.

(2.) RESPONDENT/workman has filed a petition in the Labour Court under the provisions of Sections 31, 61 and 62 of the M. P. Industrial Relations Act, 1960 (hereinafter referred to as 'm. P. I. R. Act') regarding their removal from service. Petitioner has filed the reply and raised a preliminary objection that provisions of M. P. I. R. Act is not applicable to the petitioner/industry, therefore, no orders can be passed. Labour Court has held that in the notification under Section 1 of M. P. I. R. Act industries involved in manufacturing chemical and chemical products are governed by the provisions of M. P. I. R. Act and manufacture of soap is a manufacture of chemical product. Industrial Court has dismissed the appeal.

(3.) SECTION 1 of M. P. I. R. Act provides that the act extends to the whole of Madhya Pradesh and the State Government may, by notification, bring all or any of the remaining provisions of this Act into force in respect of any or all industries or undertakings in any industry wherein the number of employees on any day, during twelve months preceding or on the date of the notification or on any day thereafter, was or is more than such number as may be specified in, such notification. First notification was issued on 31-12-1960. The notification provides that ail the provisions of the said act other than Sections 1 and 112 shall come into force on 31-12-1960 in respect of undertakings in the industries specified in the Schedule below wherein the number of employees on any date during twelve months preceding or on the date of this notification or any day thereafter was or is more than one hundred. At Serial No. 24 Chemical and chemical product industry is mentioned. It may be mentioned that soap industry specifically is not mentioned in the notification. Another notification was published under Sub-section (3) of Section 1 on 31-12-1960 and which provides that all the provisions of the said Act other than Sections 1 and 112 thereof shall come into force on 31-12-1960, in respect of undertaking in the industries specified in the Schedule below wherein the number of employees on any date during twelve months preceding or on the date of this notification or any day thereafter was or is more than one hundred. At Serial No. 24 chemical and chemical product industry is substituted as chemicals specified in Item No. 19 of first schedule of the Industries (Development and Regulation) Act, 1951. Thus, two notifications have been issued and at S. No. 24 in place of chemicals and chemical products the word "chemicals" as specified in Item No. 19 of the First Schedule to the Act is substituted on 13-7-1963.