EMPIRE INDUSTRIES LTD Vs. M C SUBARNA

JUDGEMENT

(1.) These seven Miscellaneous Petitions along with Miscellaneous Pen. No. 747 of 1977 were referred to a Division Bench in view of the complexity of the question involved therein, by a learned single Judge at the time of granting rule itself. When these petitions were taken up for hearing Mr. Nail, the learned Advocate appearing for the petitioners, stated that the wanted to withdraw the said petition. The surviving seven petitions involved the same points of law and can, therefore, be conveniently disposed of by this common judgment.

(2.) It is necessary to refer to certain background to appreciate the contentions raised by Mr. Nail before us in these petitions. All the petitioners are processors. They print cloth with the aid of power. The petitioners challenge the validity of Notifications No. CAE/24/77 issued by the Joint Textile Commissioner on 15th Apr., 1977. The said Notification is issued by the joint Textile Commissioner in exercise of the powers conferred on him under SL. 20 of the Cotton Textiles (Control) Order of 1948 thereafter referred to as 'the Order"). The said Order, in turn, is promulgated under Section 3 of the Essential Supplies (Temporary Powers) Act, 1946 hereinafter referred to as "the Act"). The said Act was repealed with effect from 25th Jan., 1955 firstly by the Essential Commodities Ordinance of 1955 and subsequently by the Essential Commodities Act of 1955, which became effective from 1st Apr., 1955. The Ordinance saved the Orders as if the same have been made or issued under the provisions of the Act of 1955.

(3.) Before the present Notification dated 15th Apr., 1977, two Notification were issued by the Deportee Textile Commissioner on 32nd Dec., 1966 and 12th Apr., 1967. The language of the impugned Notification dated 15th Apr., 1977 is substantially identical with that of the Notification dated 12th Apr., 1957. The alterations and modifications therein are not really relevant to the points that are raised by Mr. Nail in these petitions. The validity of the Notification dated 12th Apr., 1967 was challenged earlier in this Court by several petitioners in their petitions. One of the said petitions i.e., Miscellaneous Petition No. 274 of 1968, was disposed of by Tulzapurkar J. Tas he then was) sitting as a single Judge on the Original Side of the Court, by the judgment dated 12th and 13th Nov., 1968, Appeal No. 6 of 1969 came up for hearing before us on 5th Jan., 1981.