D.A.DESAI, J.B.MEHTA
GUJARAT BEEDI KARKHANA OWNERS ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) IN these two petitions the petitioners challenge the vires of the provisions of the Beedi and Cigar Workers (Conditions of Employment) Act 1966 hereinafter referred to as the Act. Although the first petition was intended to be filed as the representative petition by the Association no permission under O. 1. R. 8 was ultimately obtained. Therefore both the petitions are filed by the individual employers. There is no dispute that all these employers are employing workers for the manufacture of Beedi either on their premises or they employ home workers. The existing employment in the present cases is not through contract labour but those provisions are challenged as the Act covers within its scope even the contract labour which would be getting the same conditions of employment as prescribed by the Act. In the beginning various points were sought to be raised in these petitions but ultimately the challenge on the ground that there is a violation of the guarantee of free inter state trade and commerce under Article 301 and as to the vires of sec. 3 and as to the vires of the various provisions which have extended the benefits of other Acts by a process of incorpora
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