Bombay High Court
Enpac India Pvt. Ltd vs The Grocery Market And Shops Board on 19 August, 2022
Author: M. S. Karnik
Bench: Dipankar Datta, M. S. Karnik
901-WP-538-2005 & connected
Jvs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 538 OF 2005
Enpac India Pvt. Ltd. .. Petitioner
vs.
The Grocery Market and Shops Board .. Respondents
WITH
CIVIL APPLICATION NO. 1317 OF 2005
IN
WRIT PETITION NO. 538 OF 2005
Akhil Bhartiya Mathadi Transport
and General Kamgar Union .. Petitioner
vs.
Enpac India Pvt. Ltd. and anr. .. Respondents
WITH
WRIT PETITION NO. 2088 OF 2011
Spentex Industries Ltd. .. Petitioner
vs.
Pune Mathadi, Hamal and Other Manual
Workers Board and anr. .. Respondents
WITH
WRIT PETITION NO. 3030 OF 2010
Castrol India Limited .. Petitioner
vs.
The Secretary, Grocery Market and
Shops Board and anr. .. Respondents
WITH
WRIT PETITION NO. 3398 OF 2010
WITH
INTERIM APPLICATION NO. 9960 OF 2022
Maharashtra Textile Processors Association
and ors. .. Petitioners
1
901-WP-538-2005 & connected
vs.
Cloth Markets and Shops Board for
Greater Mumbai and anr. .. Respondents
WITH
WRIT PETITION NO. 4701 OF 2011
Jetha Properties Pvt. Ltd. .. Petitioner
vs.
The Goods Transport Labour Board
for Greater Mumbai and ors. .. Respondents
WITH
WRIT PETITION NO. 4029 OF 2012
Bhiwandi Textile Processors Association .. Petitioner
vs.
Cloth Markets and Shops Board for
Greater Mumbai and ors. .. Respondents
WITH
WRIT PETITION NO. 4351 OF 2010
Steel Re-rollers Association of Maharashtra .. Petitioner
vs.
The Secretary, Bombay Iron and Steel
Labour Board and ors. .. Respondents
WITH
WRIT PETITION NO. 4470 OF 2011
The Bombay Dyeing and Manufacturing
Co. Ltd. (Polyster Plant) .. Petitioner
vs.
State of Maharashtra and ors. .. Respondents
WITH
WRIT PETITION NO. 8311 OF 2010
Krishna Paper and Board Mills and anr. .. Petitioners
2
901-WP-538-2005 & connected
vs.
The Metal (Excluding Iron and Steel) and
Paper Markets and Shops Mathadi
Labour Board and anr. .. Respondents
WITH
WRIT PETITION NO. 8310 OF 2010
Suchak Paper Manufacturing Co. Pvt. Ltd. .. Petitioner
vs.
The Metal (Excluding Iron and Steel) and
Paper Markets and Shops Mathadi
Labour Board and anr. .. Respondents
WITH
WRIT PETITION ST. NO. 24964 OF 2018
M/s. Hindustan Petroleum Corp. Ltd.
through Officer, Shri Gajendra Sunhare .. Petitioner
vs.
Solapur Dist. Mathadi and Unprotected
Labour Board and ors. .. Respondents
WITH
WRIT PETITION NO. 9743 OF 2009
Shree Hari Chemicals Export Ltd. .. Petitioner
vs.
Grocery Markets and Shops Board for
Greater Mumbai .. Respondents
WITH
WRIT PETITION NO. 9637 OF 2010
Kansai Nerolac Paints Ltd. .. Petitioner
vs.
Grocery Markets and Shops Boards of
Greater Mumbai, Thane and Raigad
and anr. .. Respondents
3
901-WP-538-2005 & connected
WITH
WRIT PETITION NO. 119 OF 2011
M/s. Just Textiles Ltd. .. Petitioner
vs.
Cloth Markets and Shops Labour Board
for Greater Mumbai and ors. .. Respondents
WITH
WRIT PETITION NO. 1168 OF 2018
M/s. Ridham Textport Pvt. Ltd. .. Petitioner
vs.
Cloth Market or Shops Board and
Unprotected Workers Board and ors. .. Respondents
Mr. J. P. Cama, Senior Advocate a/w Mr. Avinash Jalisatgi for
Petitioner in WP/4470/2011 & WP/9743/2009.
Mr. Avinash Jalisatgi for Petitioner in WP/8311/2010,
WP/8310/2010, WP/119/2011, WP/4029/2012.
Mr. Avinash Jalisatgi i/b Navneet Chahal for Petitioner in
WP/3398/2010.
Mr. Lancy D'Souza a/w Ms. Deepika Agarwal a/w Mr. V.M.
Parkar for Petitioner in WP(ST)/24964/2018.
Mr. Vijay P. Vaidya a/w Mr. Mahendra Agavekar a/w
Shraddha Chavan for Petitioner in WP/4701/2011.
Mr J. P. Cama, Sr. Adv. a/w Mr. Netaji Gawade a/w Mr.
Mehul Khetia i/b M/s. Sanjay Udeshi & Co. for Petitioner in
WP/4351/2010, WP/538/2005, WP/2088/2011, WP/9637
/2010.
Mr. Vipul Patel i/b Haresh Mehta & Co. for Petitioner in
WP/3030/2010.
Mr. Milan S. Topkar a/w Ms. Pavitra Manesh a/w Mr. Saurabh
Mandlik for Resp No.1 in WP/4351/2010 and WP/4701/2021
& for Resp No.5 in WP/4470/2011.
Mr. Rahul D. Oak for Resp. No.1 in WP/3030/2010,
WP/8311/2010, WP/8310/2010, WP/9743/2019.
4
901-WP-538-2005 & connected
Mr. P.P. Kakade Government Pleader a/w Mr. B.V. Samant
AGP a/w Mr. M.M. Pabale AGP a/w Ms R.A. Salunkhe AGP for
State
Dr. Pallavi Divekar a/w Ms Shreeya Pednekar a/w Ms Manasi
Hirve i/b M/s. Divekar & Co. for Resp Nos.1,2,3,5, in
WP/1168/2018, For Resp No.1 in WP(ST)/24964/2018,
WP/4029/2012, WP/2088/2011, WP/3398//2010, For Resp
Nos.1 & 2 in WP/119/2011.
Mr. Suresh S. Pakale for Resp No.1 in WP/538/2005.
Mr. A.S. Peerzada a/w Mr. Iqbal Shaikh for Applicant in
IA/9960/2022.
Mr. Manoj Shirsat i/b Mr Manoj Kondekar for Intervenor in
IA(ST)/20505/2022.
CORAM : DIPANKAR DATTA, CJ. &
M. S. KARNIK, J.
DATE : AUGUST 19, 2022. P.C.:
1. We have heard Mr. Cama, learned senior counsel for the petitioners at considerable length.
2. One of the points that falls for determination is, whether the scheme prepared under section 3 as well as modifications thereto under section 4 of the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 (hereafter "the said Act", for short) were placed before the Legislative Assembly in accordance with the statutory mandate contained in sub- section (2) of section 28 of the said Act.
3. There is an affidavit filed by Mr. B. S. Wankhede, Deputy Secretary to the Government of Maharashtra, Industries, Energy and Labour Department, Mantralaya, 5 901-WP-538-2005 & connected Mumbai, to the effect that the principal scheme was placed before the legislature on 22nd April, 1970 and the modifications thereto were placed on 3rd September, 1974, 17th December, 1974, 26th December, 1980 and 16th December, 1983.
4. However, the contents of the reply-affidavit sworn by Mr. Wankhede have been disputed by the petitioners in their rejoinder-affidavit.
5. We are thus inclined to look into the original records maintained by the secretariat of the Legislative Assembly.
6. Mr. Samant, learned AGP for the State has expressed certain difficulties in view of the ongoing session of the Legislative Assembly.
7. In such view of the matter, we call upon the legislative secretariat to file an affidavit, through one of its competent officers, pleading that the principal scheme and the modifications thereto were indeed placed before the Legislative Assembly on the dates mentioned hereinabove. The deponent of the affidavit shall enclose thereto the relevant documentary evidence to support his pleading.
8. Let such affidavit be filed by close of working hours on Monday next (22nd August, 2022).
9. List the writ petitions on Tuesday next (23rd August, 2022) at 10.30 a.m. (M. S. KARNIK, J.) (CHIEF JUSTICE) Digitally signed by SALUNKE SALUNKE J V JV Date:
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