GUJARAT AMBUJA CEMENT Vs. UNION OF INDIA

JUDGEMENT

(1.) Coal is sometimes called black diamond, of course, contextually. Euphemistically it is also called 'Dark Diamond'. Archeological evidence indicates that coal was burnt in funeral pyres during the Bronz Age (3000-4000). Great philosopher and thinker Aristotle refers to coal in his book 'Mateorology'. In the modern context the term 'coal' has gained immense significance and importance as far as industrial world is concerned. Classification is sometimes viewed as a controversy in perpetuity for some reason or the other. It creates a stir in the atmosphere and gathers momentum to knock at the doors of justice for proper estimation. The authorities deal with the coal as their monopoly by prescribing grades and fixing the rates as they feel just but the dissatisfaction among the consumers arises because they feel that injury has been caused to justice which requires to be remedied by the Courts.

(2.) The moot question that arises for consideration in this batch of writ applications is whether imposition of 10% premium of the price given in Table-II of the notification dated 1-1-89 issued under the provisions of the Colliery Control Order as promulgated under Section 16 of the Essential Commodities Act, 1955 under Item No. 20 is justified by the collieries supplying coal to the consumers in the country in connection with A, B, C and D grades of coal sold to them ?

(3.) Before we proceed to answer the core question, we may hasten to state here that the matter was decided by this Court on earlier occasion whereby this Court had dismissed the writ petitions. But the matter is before us again as the Supreme Court in Civil Appeal No. 2245/96 and other connected matters (Gujrat Ambuja Cement Limited v. Union of India, (1998) 8 SCC 208 : (AIR 1998 SC 2750) remanded the matter for reconsideration.