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Deena (Deputy Manager)     24 November 2009

Applicability of the Maharashtra Mathadi, Hamal workers Act

Hi All,

greetings.

I have a query with regard to the applicability of The Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 to the establishments (Ex. insurance company/ charted accountent office)  in Maharashtra. 

In this type of establishments the loading unloading may happen occationally ( i.e if purchased any table and chairs, shifting of documents from one place to another at the time of changing office from one place to another).

Whether this Act is applicable to these type of establishments also ? Whether is it compulsory for such employer to register his establishments under this Act?

Request your advise with relevant caselaw if any Pl.?

 

Regards,

Deena

 

 

 

 



Learning

 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 November 2009

Yes. Registration in the given matter is necessary under the Act. Occassionally work is also covered therein.

Deena (Deputy Manager)     27 November 2009

Sir,

Thanks for your reply,

Kindly clarify me fthe following,

I understand that the said Act is applicable only to the employment given in the shedule, while on going through the schedule, it seems no clause is relevant to the said type of businesses except the clause No. 5. Even in clause No.5 it is mentioned as bleow,

'Employment in markets, and factories and other establishments, in connection with loading, unloading, stacking, weighing, measuring, filing, stitching, sorting, cleaning or such other work including work preparatory or incidental to such operations carried on by workers not covered by any other entries in this Schedule'.

I believe that the type of businesses mentioned by me is not the establishments in connection with the loading, unloading, stacking, ............, in other words the establishments doing courier services,  packers and movers etc may fall under these categories.

Considering all the above it seems the Act is not applicable to such type of establishments since it does not fall in the employments specified in the schedule .

Please correct and advise me, if my understanding is wrong.

Also I Would request you to provide some caselaws references if any in this connection Pl.

Thanks,

Deena

Shailesh S Raikar (DGM)     03 July 2010

Dear All,

Where  can I get PDF format copy of this act? Or from which iste can i download it?


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