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1989 Supreme(Bom) 303

V.S.KOTWAL
Board of Trustees of the Port of Mumbai – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - V.S. KOTWAL, J.:---The applicability or otherwise of the rigour of the relevant provisions of the Bombay Labour Welfare Fund Act of 1953 is the question that is posed in this proceeding for being answered in the context of the rival contentions. The question so posed no doubt falls in a narrow field, though the contentions canvassed on behalf of both the sides fall in a comparatively expanded field, inspect of which the crux of the matter remains as it is. The petitioners herein are the Board of Trustees of the Port of Bombay which is a statutory Corporation constituted under the provisions of the Major Port Trusts Act, of 1963. The second respondent is the Welfare Commissioner being the Officer of the first respondent State of Maharashtra and exercises powers and functions under the provisions of the Bombay Labour Welfare Fund Act (shortly 'the Act'). The third respondent has also been joined being the Maharashtra Labour Welfare Board. The petitioners are undertaking certain activities which according to the respondents get the label of business of trade activities and thereby all the wings annexed thereto are being styled as Commercial Establishments and therefore acco









































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