LAWS(KER)-1990-7-16

RAJAN Vs. STATE OF KERALA

Decided On July 30, 1990
RAJAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) BY notification dated 2-7-1982, the Government clarified, among other things, that enamel ware (made of steel sheets and covered with enamel coating for domestic purpose) would come under entry 45 of the 1st schedule. That was, however, changed by the Government when it issued Ext. P2 dated 23-4-1984. The Government took the view that enamel iron utensils would come under entry 121 of the first schedule. This view is challenged in the original petition.

(2.) THERE are contentions, which are directed against the very constitutional validity of Section 59-A.

(3.) LITERATURE is available about enamel, its history, its ingredients, its manufacturing process and its utilities. Encyclopaedia britannica deals with it at pages 773 to 779 in Volume 6 of its 15th Edition. It refers to the fact that most type of metals have been, at one point or other of history, enriched with enameled decoration. The passage at page 774 gives the details of materials and techniques. The process of manufacturing powdered enamel is thereafter detailed. The metal, on which the powdered enamel is to be spread, is cleansed by immersion in acid and water. After spreading the wet enamel powder in the metal, it is allowed to dry in front of the furnace before it is carefully introduced into the muffle of the furnace, where it is heated to the point at which it fuses and adheres to its metal base. The process is referred to as the firing of enamel. That takes only a few minutes. The article is then withdrawn and allowed to cool. Similar details are available from the encyclopaedia Americana, Volume 10, and page 311.