Pepsico India Holding P.Ltd vs Grocery Market & Shops Board & Ors

1. These appeals involve an interpretation of the provisions of the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969, (hereinafter referred to as “the 1969 Act”) read with the Grocery Markets or Shops Unprotected Workers (Regulation of Employment and Welfare) Scheme, 1970 (hereinafter referred to as “the 1970 Scheme”). The brief facts necessary for a decision in Civil Appeal No.10000 Of 2010 (Supreme Petro-Chem Limited v. State of Maharashtra and others) are that under Section 5 of the said 1969 Act, if any question arises whether any scheme applies to any class of unprotected workers, the matter shall be referred to the State Government and the decision of the State Government which shall be taken after consulting the Advisory Committee constituted under Section 14 shall be final. By an order dated 24.6.2008, the State Government after referring to submissions from the appellants as well as submissions from the Board, held:-

1272/Lab-IV, dated the 28th March 1972, this Act shall be deemed to have come into force in the areas specified in column 2 of the Table below on the dates and in respect of the employments specified in columns specified in columns 3 and 4 against each such areas in the said Table, respectively.

(6) If a registered employer fails to make the payment due from him under sub-clause (1) within the time specified by the Board the Secretary shall serve a notice on the registered employer to the effect that unless he pays his dues within three days from the date of receipt of the notice, the supply of registered workers to him shall be suspended. On the expiry of the notice period the Secretary shall suspend the supply of registered workers to defaulting registered employer until he pays his dues.

5. Disputes regarding application of scheme. - If any question arises whether any scheme applies to any class of unprotected workers or employers, the matter shall be referred to the State Government and the decision of the State Government on the question, which shall be taken after consulting the Advisory Committee constituted under section 14, shall be final.

(5) The Secretary shall furnish from time to time, to the Board such statistics and other information as may reasonably be required in connection with the operation and financing of the scheme.

precursors (Styrene, Ethylene Dichloride, Vinyl Chloride Monomer etc.) and other chemical intermediates; production of synthetic fibers, plastics, elastomers, other chemicals and processing of plastics to produce consumer and industrial products.

21. This appeal is, accordingly, dismissed.

6. In the above circumstances, the State has come to the finding that the Scheme of the Grocery Bazar and Shops Workers Board is applicable to the Company.

23. A writ petition filed against the said order before the Bombay High Court failed. The High Court dismissed the petition as follows:-

28. We thus find that the High Court was absolutely correct in not interfering with the State Government order dated 18.8.2008 and in dismissing the writ petition filed by the appellant company. For the same reasons given in Civil Appeal No.10000 of 2010, we therefore reject this appeal as well. The appeal is, accordingly, dismissed, with no order as to costs.

February 12, 2016.