WIPRO LIMITED REPRESENTED BY ITS LEGAL MANAGER SHRI VISHAL MITTAL AND MR. VISHAL MITTAL Vs. UNION OF INDIA (UOI), REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CONSUMER AFFAIRS AND OTHERS

JUDGEMENT

(1.) THE petitioners in tins petition are seeking for declaration that Rule 8(b) and 18 of the Standard of Weights and Measures (Packaged Commodities) Amendment Rules 2006 is ultra vires of Articles 14, 19(1)(g) and 21 of the Constitution of India. They would also seek a declaration that it is being ultra vires of the provisions of Section 39(4) and 83 of Standard of Weights and Measures Act, 1976.

(2.) THE matter arises in the following manner:

(3.) ELABORATING this contention, he submits that the proviso to Section 39(4) creates a right in the manufacturer of the commodities which undergoes significant loss in weight due to environmental conditions to qualify the declaration of weight with words "when packed". Thus there is a statutory obligation on the Central Government to specify such commodities. Hence, it is not open for the Central Government to omit the fourth Schedule or Rule 11(4) which gives effect to the legislative policy contained in the provisions of Section 39(4) and its proviso.