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2006 Supreme(Bom) 1359

J.N.PATEL, D.K.DESHMUKH, ROSHAN DALVI
KAY KAY EMBROIDERIES PVT. LTD. – Appellant
Versus
CLOTH MARKETS AND SHOPS BOARD – Respondent


ORAL JUDGMENT

J. N. PATEL, J. (For self and SMT. ROSHAN DALVI, J.) : - The Division Bench of this Court while considering a group of petitions filed by the petitioner employers relating to the application of the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 (hereinafter referred to as "the Mathadi Act, 1969" for the sake of brevity and convenience) felt that principally two questions of law arise for the determination of the Court in those proceedings treating the writ petition of M/s Kay Kay Embroideries Pvt. Ltd., (Writ Petition No. 7671 of 2005) as a lead petition. The Bench was of the view that the interpretation placed in the judgment of this Court in Century Textiles and Industries Ltd., vs. State of Maharashtra, 2001(2) Mh.L.J. 775 = 2000 (II) CLR 279 relating to section 2 definitions defining the words "unprotected workers" (section 2(11) and "worker" (section 2(12) of the Mathadi Act, 1969 is in conflict with the statutory provisions enacted by the legislature and that the correctness of the decision would, therefore, merit examination by the Larger Bench. The two questions of law for determination of the controversy















































































































































































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