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f. There is no written reference in the Mathadi Act that petrochemical should be kept out of the act but chemical itself includes everything.
g. Mathadi Act and scheme is for the betterment of workers and purpose of the scheme is to make applicable to the chemical manufacturing companies. It is not mentioned in the scheme that petrochemical products should be excluded and as petrochemical is not mentioned in the scheme so the scheme is not applicable to the said organization is not acceptable.
6. What is important to be looked into is whether in this industry the work which the mathadis are carrying out is available or not. If, in that industry, the work of mathadis is available then only because the industry is dealing in some different aspect, that work cannot be given to some other unorganized workers. The basic test, after having ascertained that the industry is covered by law, is to find out that the work of mathadis is available and if it is available, the Act and the Scheme will apply to the industry. It is not disputed that the mathadi work is not available. The only distinction which was tried to be made out was with regard to petrochemicals and that, therefore, the Act is not applicable, which submission we have already rejected for the reasons stated above. We find that the Government has rightly decided the matter under Section 5 and no interference is called for at the hands of this court.”

10. A perusal of the aforesaid report shows that not only are petro chemicals derived from various chemical compounds, but also that petro chemical manufacturing involves among other things the production of plastics. In fact, in a report made by the Inquiry Officer appointed under Section 13 of the Act, the authorized officer came to the conclusion:

“Under these circumstances, my opinion is that polystyrene production is not a petroleum product but it is a chemical or chemical product. For a moment if it is accepted that company is a petrochemical company and producing petrochemical, even though petrochemical is also one of the chemical and therefore no reason is seen for not accepting a chemical production and Mathadi Act and Scheme are not applicable. After all petrochemicals are chemicals. It is not mentioned anywhere that petrochemicals should be omitted while implementing Mathadi Act and Scheme. Under the circumstances, I am giving my ruling that company’s above point is not valid and hence Mathadi Act and Scheme is applicable to the company.”

7. The company is engaged in products of drinks and drinking water and consequently in carrying on works in the nature of Mathadi such also loading, unloading, stacking, carrying setting up of raw material. The said works was carried out by 49 workers of contractor M/s M.M. Patil under the supervision the Grocery Board Supervisor. The said workers, excepting their wages, were deprived of P.F. contribution, paid holidays, house rent, workmen’s compensation, bonus and other medical benefits. In these circumstances, the provisions of the Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969 and the Grocery Markets or Shops Unprotected Workers (Regulation of Employment and Welfare) Scheme, 1970 are applicable to your establishment. Therefore, the application made by you to the Government under the provisions of section 5 of the Mathadi Act is rejected.”