PUSHRAJ PURANMULL Vs. N ROY

JUDGEMENT

(1.) In this application under Article 226 of the Constitution the validity of the West Bengal Relief Undertakings (Special Provisions) Act, 1972 has been challenged. The petitioner asks for a declaration that the Act is beyond the legislative competence of the State of West Bengal and is void. The petitioner has also prayed for issue of a writ in the nature of mandamus or appropriate direction for recall, cancellation and withdrawal of Notifications Nos. 1272--CSI and 1277-CSI both dated the 24th March, 1977 issued by the Deputy Secretary to the Government of West Bengal, Department of Closed & Sick Industries. By the first Notification the State Government in the exercise of power conferred by Section 3 of the Act declared Messrs. Nafar Chandra Jute Mills Ltd. to be a relief undertaking. By the second Notification the State Government directed in the exercise of power conferred by Section 4 of the Act that the operation of all contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force relating to the relief undertaking shall remain suspended.

(2.) The petitioner claims to be a creditor of the said Jute Mills. It has been affected by the notifications like many other creditors inasmuch as it is unable to take steps for realisation of its dues.

(3.) To appreciate the petitioner's contentions it may be convenient to refer to some of the entries in the three lists in the seventh schedule to the Constitution. Entry 52 of List I is "Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest". Entry 24 in list II is "Industries subject to the provisions of entries 7 and 52 of list I".