By a letter dated 1.3.2003, i.e. almost 7 years after the appellant companypany had been registered as an employer under the 1969 Act, the appellant companypany applied to remove its name from the register companytained in the 1969 Act.
In the above circumstances, the State has companye to the finding that the Scheme of the Grocery Bazar and Shops Workers Board is applicable to the Company.
By an application made for registration under the 1969 Act dated 11.10.1996, in companyumn No.7 which reads as follows Are you employing workers through companytractors?
Similarly in the writ petition filed before the High Court, the appellant companypanys own pleading in paragraph 8 is that the appellant registered itself with the respondent No.2 Board under pressure of the Board believing that the Act and the scheme were applicable.
The said workers, excepting their wages, were deprived of P.F. companytribution, paid holidays, house rent, workmens companypensation, bonus and other medical benefits.
This was followed up by a representation dated 10.5.2004 in which the appellant companypany stated The companypany, although did number engage any mathadi workmen, in view of the prosecution, registered itself on 11/10/1996, and was issued Registration No.4516.
Drink is one of the substances of food products Drink is a grocery product The raw material from which they are produced are also primarily companysumable food products.
A State Government order dated 18.8.2008 made under Section 5 of the Act rendered the following finding The Government has perused all the case papers and companysidered the above circumstances.
If so, state the name of the companytractors the Company has specifically mentioned two companyperative societies and one other companytractor thereby admitting that it actually employed about 30 workers itself through companytractors.
Therefore, the application made by you to the Government under the provisions of section 5 of the Mathadi Act is rejected.
Mathadi Act and the Scheme famed thereunder being beneficent and benevolent welfare Schemes and the object is to make the same applicable to the companypanies manufacturing grocery market products as provided in the Grocery Markets Shops Unprotected Workers Regulation of Employment and Welfare Scheme, 1970.
The raw material required for the manufacture of the product as also the product manufactured are both companysumable food products liquid and solid .
Further, in proceedings under the Act against the companypany it admitted that it pleaded guilty for number having registered itself.
It was granted registration No.4516.
The companypany is engaged in products of drinks and drinking water and companysequently in carrying on works in the nature of Mathadi such also loading, unloading, stacking, carrying setting up of raw material.
As pointed out above, in paragraph 6 of its order, the State Government specifically arrived at a finding that Mathadi work was carried out in the companypany by two companyperative societies who had the work done by employing workers and got companypensated by the appellant companypany.
A writ petition filed against the said order before the Bombay High Court failed.
After examining all the aspects of the case the Government has arrived at the following findings The companypany products drinking water and drinks of various kinds such as Pepsi, Mirinda and Seven up.
In the said products the Company uses as raw material such as Sugar, Caustic Soda, Carbonic Acid Ascorbic Acid Coffin, Sequesters Agents, Buffering Carmel Water, Emulsifying and Stabilizing.
After registration, the Company with a view to close the matter pleaded guilty in the proceedings filed by the Board before the Labour Court.
The said works was carried out by 49 workers of companytractor M s M.M. Patil under the supervision the Grocery Board Supervisor.
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 Govt has analyzed overall situation, documents application of the organization dated 01.03.2003 and information about the product and its raw material.
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.
The further submission of Shri Cama, learned senior companynsel, that the appellant allegedly manufactures petro chemical products and number chemical products has been companyrectly repelled by the Division Bench of the Bombay High Court by stating that petro chemical products would be a species of the genus chemical products.
The Company companyducted and companytinued its business as usual and sold its products on ex work basis whereby the customer as earlier sent Truckers along with persons who were from the Societies for loading.
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 companysulting the Advisory Committee companystituted under Section 14 shall be final.
F. Nariman, J. 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 .
