PEPSICO INDIA HOLDING P. LTD. versus GROCERY MARKET & SHOPS BOARD & ORS.

PEPSICO INDIA HOLDING P. LTD. versus GROCERY MARKET & SHOPS BOARD & ORS.

The 1969 Act and the 1970 Scheme apply to the appellant's establishments because (1) the residuary clause in the Schedule covers manufacture of chemical products, which includes petrochemicals and soft drinks; (2) 'grocery' as understood at the time of enforcement includes such products; and (3) there is no conflict between the Act and the Scheme regarding their application to the appellant's industries. No part of the 1970 Scheme is ultra vires the 1969 Act, and the High Court was correct in not interfering with the State's orders.

Parties
Appellant: Pepsico India Holding P. Ltd.; Respondents: Grocery Market & Shops Board & Ors.
Jurisdiction
India
Judgment Date
12 February 2016
Procedural Posture
Civil Appeal / Appeal Against High Court Order Dismissing Writ Petitions Challenging State Government Orders Under Section 5 of the Maharashtra Mathadi Act
Outcome
Appeals dismissed
Legal Topics
Applicability of Maharashtra Mathadi, Hamal and Other Manual Workers (regulation of Employment and Welfare) Act, 1969, Validity and Scope of Grocery Markets or Shops Unprotected Workers (regulation of Employment and Welfare) Scheme, 1970, Interpretation of Statutory Expressions Including 'establishment', 'grocery', And 'chemical Products' as Applied to New Industries
Labour Law Welfare Legislation Applicability of Maharashtra Mathadi, Hamal and Other Manual Workers (regulation of Employment and Welfare) Act, 1969 Validity and Scope of Grocery Markets or Shops Unprotected Workers (regulation of Employment and Welfare) Scheme, 1970 Interpretation of Statutory Expressions Including 'establishment', 'grocery', and 'chemical Products' as Applied to New Industries

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Parties

Pepsico India Holding P. Ltd.

Appellant

Grocery Market & Shops Board & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Order Dismissing Writ Petitions Challenging State Government Orders Under Section 5 of the Maharashtra Mathadi Act

Legal Issues

  1. 1 Whether the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969, and the 1970 Scheme apply to factories manufacturing petro-chemicals, soft drinks, and bottled water
  2. 2 Whether the 1970 Scheme is ultra vires the 1969 Act
  3. 3 Whether 'grocery' includes soft drinks and bottled water under the Act

Ratio Decidendi

The 1969 Act and the 1970 Scheme apply to the appellant's establishments because (1) the residuary clause in the Schedule covers manufacture of chemical products, which includes petrochemicals and soft drinks; (2) 'grocery' as understood at the time of enforcement includes such products; and (3) there is no conflict between the Act and the Scheme regarding their application to the appellant's industries. No part of the 1970 Scheme is ultra vires the 1969 Act, and the High Court was correct in not interfering with the State's orders.

Court Disposition

Appeals dismissed

Orders

  • The appeals are dismissed; no order as to costs.
  • State Government orders rejecting applications under Section 5 of the 1969 Act are upheld.