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2006 Supreme(Bom) 765

A.H.JOSHI, D.S.ZOTING
RAMCHAND ONKARLAL AGARWAL – Appellant
Versus
UNION OF INDIA – Respondent


Judgment

A. H. JOSHI, J.

( 1 ) HEARD learned Advocates for the parties.

( 2 ) PETITIONER herein is the proprietor running the business of manufacture and sale of Bidis, having the business location at Kamptee in Nagpur district. Petitioner claims that he employs only ten Bidi-roller home workers, and has two workmen employed to do miscellaneous jobs titled as Tendurwala-cum-Clerk and Relaiwala, who work in the business premises. The petition has been aimed to challenge application of provisions of Employees State Insurance Act to the petitioners factory, in particular, and generally to challenge the amended section 2 (12), i. e. , definition of "factory" and consequential notifications. The prayers read as follows :" (i) strike down the impugned Notification No. S-38012/6/89-SS-1 dated 20-10-1989 issued by the Central Government vis-a-vis the bidi industry in general and the petitioner in particular as violative of Articles 14 and 19 (l) (g) of the Constitution of India; (ii) strike down the impugned Notification No. S-38013/20/82-H1,dated 28-5-1982 issued by the Central Government vis-a-vis the bidi industry in general and the petitioner in particular as violative of Articles 14 a

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