RAYMOND WOOLLEN MILLS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) A number of manufacturers of cement have filed these writ petitions, inter alia, challenging the validity of clause 9A of the Cement Control Order. 1967 whereby producers of cement were required to pay to the cement regulation account an amount of Rs.9 per metric tonne of non-levy cement produced by them.

(2.) As common questions of law have been argued it is not necessary to set out facts of all the writ petitions. For the sake of convenience, and in order to apperciate the contentions raised, we will set out briefly the facts in the petition filed by M/s Raymond Woollen Mills Limited, which has a division which manufactures cement.

(3.) The cement industry, except for a brief period in 1966-67 had been under control since 1942. Prior to 28th february, 1982 when the impugned clause 9A of the Cement Control Order, 1967 was promulgated, the entire production of cement in the country was under price and distribution control by means, of orders issued under Sections 18G and 25 of the Industries (Development and Regulation) Act, 1951 (for short the IDR Act) and also in terms of the Cement Control Order, 1967. It was provided that the Goveernment was empowered to fix retention/ex-works price as also the selling price of cement.