Case Note & Summary
The petitioner, Valsad District Co-operative Milk Producers Union Limited, a society registered under the Gujarat Co-operative Societies Act and a registered employer under the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969, challenged an order passed by the Nagpur and Wardha District Mathadi and Unprotected Labour Board. The Board had reviewed its earlier order cancelling the registration of respondent Nos. 3 to 12 as Mathadi workers and restored their registration. The petitioner contended that the Board had no power to review its own order under Section 13 of the Act. The Court examined Section 13 and found that it does not confer any power of review. The Court held that the power of review is not an inherent power and must be expressly conferred by statute. Since the Act does not provide for review, the Board acted without jurisdiction. The Court allowed the petition and set aside the impugned order.
Headnote
A) Interpretation of Statutes - Power of Review - Section 13 of Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 - The issue was whether the Board or specified officer under Section 13 has power to review its own order. The Court held that the power of review is not an inherent power and must be expressly conferred by statute. Since Section 13 does not confer any power of review, the Board cannot review its own order. The impugned order reviewing the cancellation of registration was set aside. (Paras 2-6)
Issue of Consideration
Whether under Section 13 of the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969, a Board or such other officer as mentioned in Section 13 has power to review its own order?
Final Decision
The Court allowed the writ petition and set aside the impugned order of the Board reviewing the cancellation of registration.
Law Points
- Interpretation of Section 13 of Maharashtra Mathadi
- Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act
- 1969
- Power of review not inherent unless expressly conferred
- Board cannot review its own orders
