:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.1931 OF 2009 CIVIL WRIT PETITION NO.1931 OF 2009 CIVIL WRIT PETITION NO.1931 OF 2009 Pepsico India Holding Pvt Ltd., .. Petitioners. Vs. Grocery Market & Shops Board and ors. .. Respondents. Mr P.M.Patel a/w Mr R.V.Talashikar, for the petitioners. Mrs Jyoti Pawar, AGP, for respondent no.2. Mr S.S.Pakale, for respondent no.3. CORAM : S.B.MHASE & CORAM : S.B.MHASE & CORAM : S.B.MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE : 12.02.2009. DATE : 12.02.2009. DATE : 12.02.2009. P.C. P.C. P.C. 1. Heard learned counsel for the parties. 2. The petitioners are engaged in the business of manufacturing Soft Drinks, which are marketed in the names of Pepsi, Miranda, Seven-Up etc. The question was whether the Mathadi Kamgar’s Act is applicable to the establishment of petitioner. Said question was considered by State Government under section 5 of said Act. The State Government has held that said Act is applicable to the petitioner’s establishment. 3. Learned counsel for petitioners has raised :2: :2: :2: two points before us. The first point is that the Bombay Board cannot have any jurisdiction over the areas for which it is constituted and, therefore, the order passed is without jurisdiction. However, there is no merit in the contention of the learned counsel for the petitioners because the Maharashtra Mathadi, Hamal & Other Manual Workers (Regulation of Employment & Welfare) Act, 1969 and more specifically section 4 has been amended and the Bombay Board has been constituted as a Board to the extended areas and to that effect section 4 has been amended by the Mah.Act 28 of 1987 and, therefore, the same submission is rejected. 4. The second submission is that the petitioners are manufacturing Soft Drinks like Pepsi, Miranda, Seven-Up etc. and it is not a grocery items. It is not disputed before this court that in the manufacturing process of these soft drinks, the petitioners are using sugar, carbonic acid, ascorbic acid, coffin, sequestrates agents. The petitioners are using caustic soda for cleaning bottles. But we find that these soft drinks are provided to refresh persons and to provide energy to them when they are exhausted. The items, like sugar or carbonic hydride provide energy. It is also not disputed that all :3: :3: :3: these items used in the manufacturing process are the grocery items and accordingly the State Government has also made observations that these are the grocery items. Apart from that the Oxford Dictionary has given the meaning of "grocery". According to said dictionary "Grocery" means items of food in a grocery shop or a super-market. Now-a-days, all the Soft Drinks are available in the grocery shops and the super-markets. They are the items of food and, therefore, they are all grocery items. Apart from this, it is not disputed by the learned counsel that in all the manufacturing process, loading and unloading activities are carried out, which are the activities of the Mathadi Kamgars. We do not find any substance in the contentions raised. The writ petition is rejected. (D.B.BHOSALE.J.) (S.B.MHASE, J.) (D.B.BHOSALE.J.) (S.B.MHASE, J.) (D.B.BHOSALE.J.) (S.B.MHASE, J.)