PEPESICO INDIA HOLDING P.LTD. Vs GROCERY MARKET & SHOPS BOARD .
Bench: KURIAN JOSEPH,ROHINTON FALI NARIMAN
Case number: C.A. No.-010001-010001 / 2010
Diary number: 22718 / 2009
Advocates: DHEERAJ NAIR Vs
K. RAJEEV
Page 1
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10001 of 2010
PEPSICO (INDIA) HOLDINGS PVT. LTD. Appellant(s) VERSUS
GROCERY MARKETS & SHOPS BOARD & ORS. Respondent(s) J U D G M E N T
KURIAN, J. 1. The appellant approached this Court aggrieved by the Judgment dated 22.07.2009 passed by the High Court of judicature of Bombay in Writ Petition No. 4937 of 2009. 2. The dispute pertains to the application of the Scheme framed under the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969. 3. Mr. V. Giri, learned senior counsel appearing for the appellant, has submitted that there was also a challenge with regard to the application of the Act as well. Be that as it may, the High Court, by the impugned Judgment has relegated the appellant to the remedy available under Section 5 of the Act which reads as under :-
"5. Disputes regarding application
of scheme - If any question arises
whether any scheme applies to any
1
Page 2
class of unprotected workers or
employers, the matter shall be
referred to the State Government and
the decision of the State Government
on the question, which shall be taken
after consulting the Advisory
Committee constituted under section
14, shall be final."
4. The following are the directions issued by the High Court :-
"(i) The petitioner shall make an
application and/or reference to the
State Government under section 5 of
the Mathadi Act within a period of
eight weeks from today.
(ii) The Government shall
entertain the said reference and
shall decide the same within a period
of 12 weeks after giving opportunity
to all concerned, namely, the
concerned Boards, workers and the
Petition.
(iii) So far as the workers which
have been noted by the Board to be
covered under the Scheme are
2
Page 3
concerned, their services are
protected for a period of 12 weeks
and the Petitioner shall provide them
work and make payment as per the
Board directions during the pendency
of the reference.
(iv) Petition is accordingly
disposed of by making the Rule
absolute in the aforesaid terms."
5. In view of the language employed in Section 5, we make it clear that it will be open to the appellant to raise all disputes, whether it be on the factory at Rajangarh or the warehouse at Panvel, to the Government and the Government shall address the same. 6. We give liberty to the appellant a further period of 12 weeks from today to raise the disputes before the Government and the Government shall consider and pass appropriate orders in accordance with law within three months thereafter. 7. Till the orders are passed as above, the interim order passed by this Court on 18.11.2010 shall continue. 8. We also make it clear that we have not considered the appeal on merits and all the contentions available to both the sides are left open.
3
Page 4
9. In view of the above, the civil appeal is disposed of with no order as to costs.
.......................J. [ KURIAN JOSEPH ]
.......................J. [ ROHINTON FALI NARIMAN ] New Delhi; February 04, 2016.
4