KURIAN JOSEPH, ROHINTON FALI NARIMAN
Pepsico India Holding P. Ltd. – Appellant
Versus
Grocery Market & Shops Board – Respondent
JUDGMENT :
R.F. Nariman, J.
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:-
“4. Govt. has analyzed overall situation, documents application of the organization dated 01.03.2003 and information about the product and its raw material. Govt. has come to the foll
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