NOBLE TRADING CO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals, the first of which is filed by the original petitioners and the other one by the State of Maharashtra, arise out of the judgment of the learned single Judge whereby the petitioner's petition under Art. 226 of the Constitution of India was partly allowed.

(2.) The petitioners who are a company admittedly manufacture what are known as tailors' tapes and shoemakers'' tapes. They commenced manufacture of these tapes after their scheme for manufacture was approved by the Industries Commissioner, with a direction that they should sell the tailor's tapes after marking them "Not for trade", "clearly, indelibly and prominently". They were issued a certificate of registration as a small scale industry by the Directorate of Industries of the Government of Maharashtra. However, for the first time on 18th July, 1968, they were informed by the Industries Commissioner that the letter dated 23-9-1964, by which their scheme to manufacture tailor's tapes was sanctioned should be treated as cancelled. The petitioners were also informed that they should obtain a licence from the Controller of Weights and Measures for the manufacture of measuring tapes. There was then correspondence between the parties and on 7th of March 1970 the petitioners were informed that the tapes should be in Metric Units only and that the tapes manufactured by them did not conform to the specifications. They were, therefore, directed to stop manufacture's and dealer's licence from the Office of the Directorate of Industries, failing which, they would become liable for penal action under the provisions of Ss. 23 and 27 of the Bombay Weights and Measures (Enforcement) Act, 1958 (hereinafter referred to as "the Enforcement Act"). It may be pointed out that the tapes manufactured by the petitioners were graduated both in centimetres as well as in inches. By another letter dated 3rd April, 1970 the petitioners were informed that it was obligatory on them to obtain manufacturer's licence for manufacturing tapes and that they should immediately stop manufacturing of double graduated or other non-standard tapes, failing which, the company would. The petitions then filed a petition challenging the two letters dated 7th March, 1970, and 3rd April, 1970.

(3.) The petitioners' main contention in the petition was that tapes in question were not covered by the provisions of the Enforcement Act, and there was therefore no obligation on the petitioners to obtain a licence under Section 13 of Act which prevents manufacture of double graduated tapes which were not measure. Further, according to the petitioners, the authorities were not justified in asking to stop manufacturing cloth made tapes as required by the letter dated 7th March 1970.