GUJARAT AMBUJA CEMENT LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted in S.L.P. (C) No. 13097 of 1998.

(2.) In this group of matters, a common judgment rendered by the Division Bench of the High Court of Madhya Pradesh at Jabalpur, dismissing various writ petitions filed by the writ petitioners has been brought in challenge. In order to appreciate the grienance of the appellants viz. writ petitioners who have filed these appeals on grant of special leave under Article 136 of the Constitution of India, it is necessary to note a few background facts. BACKGROUND FACTS:

(3.) The appellant-writ petitioners are manufacturers of cement. Their manufacturing plants are located in different parts of the country. For manufacturing cement, essential raw material is coal. During the relevant period with which this group of matters is concerned, namely, from 1-1-1989 to 31-3-1996 coal was controlled commodity being treated as an 'essential commodity' under the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act'). Prior to the independence of the country, there was in force Colliery Control Order, 1945, wherein as per clause 4 thereof, price for supply of coal to the consumers was controlled. The said scheme was continued in force by Section 16 of the Act. As during the relevant time, coal was a controlled commodity, its price was being monitored and fixed under the aforesaid Colliery Control Order by the appropriate authority functioning thereunder. Till December, 1988, the price of coal supplied from collieries to different consumers, like the appellants, concerning different grades of coal had not posed any difficulty to the consumers of coal. However, according to the appellants, the problem started after the letter dated 1st January, 1989 issued under the provisions of the Colliery Control Order as promulgated under Section 16 of the Act. By Item No. 20 of the notification dated 1st January, 1989, the premium of 10% of the price given in Table II of the notification was to be charged by the collieries supplying coal to the consumers in the country in connection with A,B,C and D grades of coal sold to them. The clauses 3 and 4 of the Colliery Control Order as operative during the relevant period read as under: