-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. Writ Petition No. 4937 of 2009 PepsiCo (India) Holdings Private Limited. ..Petitioners. Versus Grocery Markets & Shops Board and others. ..Respondents. Mr. P. M. Patel a/w Mr. Rajeev Talsikar for the Petitioner. Mr. Kiran Bapat i/b M/s. Desai and Desai & Associates for the respondent no.1. Ms. Bharati Patil for the Respondent nos. 2 to 4. Mr. S. R. Nargolkar a/w Aumkar Joshi, for the Respondent no.5. Mr. S. N. Patil, AGP for Respondent Nos. 6 to 11. Coram : S. B. Mhase & R. M. Savant, JJ. Date : July 22, 2009. P. C. : 1. Heard. So far as the dispute between the parties is concerned, the dispute is as to the application of the scheme framed under the Mathadi Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 [in short “the Mathadi Act”]. In -: 2 :- respect of the factory premises of the Petitioner, there was already a reference under section 5 of the Mathadi Act and the Government has answered the said reference against the Petitioner. Even further proceedings filed against the said order have been rejected. Now, in the present petition the premises of the petitioners are the godown premises situated at a different place than the factory premises. The Petitioner has again raised a dispute that in respect of the activities carried out by the Petitioner at the godown, the Mathadi Act and the scheme framed thereunder do not apply. Learned counsel for the petitioner has shown willingness to approach the Government under section 5 of the Mathadi Act. Mr. Samir Patil, learned AGP states that if such a reference is made by the Petitioner or by any other party to the proceeding the said reference will be entertained by the Government and will be decided after giving opportunity to the parties concerned. 2. Learned counsel Mr. Kiran Bapat and Mr. S. R. Nargolkar who appear for the respective Boards have no objection for such a reference being filed by the Petitioner. However, they submitted that when such a reference is filed, they should be given an opportunity to -: 3 :- oppose the said reference. 3. Learned counsel for the employees union states that during the pendency of this reference the employees be protected, because according to him the work is not being assigned to the workers who are covered under the scheme. Learned counsel for the Petitioner tried to submit that the employees of the Board are not engaged by the Petitioner. However, in our view the said submission has no merit as the Board has noted that the employees are working at the godown premises. It is the question of the livelihood of the employees and the Petitioner cannot victimise the employees in the name of the pendency of reference. It is an admitted fact before this Court that the scheme is not being implemented by the Petitioner. Not only that but contrary to the provisions of the Contract Labour Act, the Petitioner is employing the workers on contract basis and thereby the Petitioner is also violating the provisions of the Labour Act and such a thing is not permissible, in view of the Full Bench judgment of this Court in the matter of Kay Kay Embroideries Pvt. Ltd V/s. Cloth Markets and Shops Board and others, reported in 2007-I- LLJ page 865. Considering the facts and circumstances of the case we -: 4 :- pass the following order. (i) The Petitioner shall make an application and/or reference to the State Government under section 5 of the Mathadi Act within a period of eight weeks from today. (ii) The Government shall entertain the said reference and shall decide the same within a period of 12 weeks after giving opportunity to all concerned, namely, the concerned Boards, workers and the Petitioner. (iii) So far as the workers which have been noted by the Board to be covered under the Scheme are concerned, their services are protected for a period of 12 weeks and the Petitioner shall provide them work and make payment as per the Board directions during the pendency of the reference. (iv) Petition is accordingly disposed of by making the Rule absolute in the aforesaid terms. (R.M.SAVANT, J.) (S.B.MHASE, J.)