JUDGMENT :

1. The petition is filed challenging the provisions of the M.R.T.U. & P.U.L.P. Act brought in by the State of Maharashtra in form of Maharashtra Act No. XXII of 1999. By this amending Act the State wanted to include Clause No. 5 in Section 3 as well as to amend Clause 18 of Section 3. Proposed amendments are as under:

(a) for Clause (5), the following clause shall be substituted namely:

"(5) "employee", in relation to an industry to which the Bombay Act for the time being applies, means an employee as defined in Clause (13) of Section 3 of the Bombay Act, and in any other case means a workman as defined in Clause(s) of Section 2 of the Central Act, and a sales promotion employee as defined in Clause (d) of Section 2 of the Sales Promotion Employees (Conditions of Service) Act, 1976."

(b) for Clause (18), the following clause shall be substituted, namely:

"(18) words and expressions used in this Act and not defined therein, but defined in the Bombay Act or as the case may be, the Sales Promotion Employees (Conditions of Service) Act, 1976, shall in relation to an industry to which the provisions of the Bombay Act apply, have the meanings assigned to them by the Bombay Act or,