UNION OF INDIA Vs. BUILDERS ASSOCIATION OF INDIA

JUDGEMENT

(1.) This appeal under clause 15 of the Letters Patent is by the Union of India and is directed against an interlocutory order dated August 19, 1975, passed by A. K. Mookerji, J in Civil Rule No. 1088(w) of 1973. That was the order passed by the learned Judge suspending hearing of an application filed on June 18, 1975, by the appellant praying for vacating an interim order passed earlier on May 7, 1973, while issuing the Rule.

(2.) The Respondent No. 1 is an association of Building Contractors and is a society registered under the Societies Registration Act. The other respondents being respondents 2 to 16 are either the office bearers of respondent No. 1 or the individual members thereof. On May 7, 1973, the said respondents moved a writ petition in this court disputing the constitutional validity of . a Central Act, being Contract Labour (Regulation and Abolition) Act, 1970 and the West Bengal Rules framed thereunder. They disputed the constitutional validity of the said Act and the Rules ion the ground that they are violative of Articles 14, 19 (1) (f)(g). 31. 265 and 301 of the Constitution. The substantial allegation made in the writ petition is that the Act and the Rules impose unreasonable and arbitrary restriction on their rights to carry on their trade and business as Building Contractors, In moving this court in 1973, particular reliance was placed on pending proceedings before the Supreme Court and the other High Courts wherein the constitutional validity of the said Act and the provisions of comparable rules framed by other States were pending decision by the said courts.

(3.) The learned single Judge issued the above Rule on the said writ petition and also granted an interim order restraining the respondents, that is, the present appellant and the State of West Bengal, their officers, subordinates, servants and agents from enforcing and implementing the provisions of the said Act and the West Bengal Rules framed thereunder and further restraining them from taking any steps in pursuance of or implementing the same against the petitioners pending the disposal of the Rule.