JAGATBANDHU MUKHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 29th June, 1988, passed by the learned Single Judge in a writ application moved by the Federation of Freight Forwarders' Association in India and also Calcutta Clearing Agents' Association and some of its office bearers challenging the validity of the provisions of the Customs House Agents Licensing Regulations, 1984 (hereinafter referred to as the Regulation 1984).

(2.) The writ petitioners Nos. 1, 2 and 3 are the holders of the Customs House Agents Licence on permanent basis. The validity of the said regulation was challenged by them, inter alia on the several grounds mentioned in the writ petition.

(3.) It has been contended on behalf of the writ petitioners, inter alia, that under the provisions of Section 146(2)(c) it was not open to the Board to make a regulation creating two categories of agents - one permanent and other temporary and as such the same was ultra vires. It was further contended that by the impugned regulation if the untrained persons are appointed as agents it would open a flood gate and that would create a good deal of complication and unequal would be treated as equal in this regard. There is no demand in the trade and as such this would take away the business which was being done by the existing permanent agents. It was further contended that regulation was not published in the Official Gazette and as such the same did not see the light of the day in the eye of law. It was further contended that no appointed date was fixed in this behalf as a consequence thereof the respondents have acted illegally in issuing a Public Notice on 9th April, 1984 inviting fresh applications on the basis of the new regulation. By the said notice dated 9th April, 1984, the applications were invited on the basis of the said regulation within 30th April, 1984. The said period had already expired. This writ application was pending for a long time with interim order of injunction.