A K SUBBARAJA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, who are the manufacturers of kerosene non-pressure wick stoves, which according to them, constitute the cheapest heating media in a common man's kitchen, have jointly filed the above writ petition for a writ of declaration declaring the order of the respondent made in GSR 699 (E) dated 12-7-1990 viz., the Non Pressure Stoves (Quality Control) Order, 1990, (hereinafter referred to as the Order) as unconstitutional, illegal and void.

(2.) The impugned order dated 12-7-1990 issued by the Government of India, Ministry of Petroleum and Chemicals, Department of Petroleum and Natural Gas, is reproduced hereunder:

(3.) The Government have passed the above order u/S. 3 of the Essential Commodities Act. The said Order had to come into force on the 1/02/1991. As per the above Order, no person could by himself or through any person on his behalf manufacture or sell or distribute any non-pressure stove which does not conform to the specifications under the aforesaid order and that the same should be with the ISI Certification Mark. Clause 2(B) defines the specification to mean the Indian Standard Specification IS 2980 -1979. The Order further provides that the stoves or raw material components which do not conform to the standards specified in the Order including the thermal efficiency specified, shall be deformed beyond use and disposed of as scrap. Thus, according to the petitioners, the effect and consequence of the Order is that on and from 1-2-1991, they would not be entitled to manufacture, sell or distribute their products unless it conforms to the Indian Standard Specification IS 2980-1979 and it is certified with the ISI Certification Mark. The petitioners state that the aforesaid Order is patently arbitrary and unconstitutional besides being ultra vires the Essential Commodities Act under which it is purported to have been issued. It is further stated that the Order is incapable of compliance and would virtually compel the petitioners to close down their units. Thus, the petitioners have approached this Court for the relief abovesaid.