South Tamil Nadu Beedi Manufacturers' Association v. Union of India,Ministry of Civil Supplies,Consumer Affairs & Public Distribution,Department of Civil Suppliesby its Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 01.07.2009CORAM:THE HON'BLE MR.JUSTICE S.NAGAMUTHUW.P.No.1565 of 1998, W.P.Nos.20801 to 20820 of 1998 and W.P.No.17709of 1999W.P.No.1565 of 1998South Tamil Nadu Beedi Manufacturers' AssociationRegd.No.6/84-A)R/84-A, Nehuruji Road,Melapalayam,Tirunelveli 627 005.... Petitionervs.Union of India,Ministry of Civil Supplies,Consumer Affairs & Public Distribution,Department of Civil Suppliesby its Secretary,Block No.12-A, Janam House, New Delhi 110 011.... RespondentWrit Petition filed under Article 226 of the Constitution ofIndia praying to call for the records from the respondent in respectof G.S.R.140(E Department of Civil Supplies dated 7.3.1997 and issuea writ of declaration, declaring that paragraph 2 of the impugnednotification dated 7.3.1997 issued by the respondent is violative ofArticle 14, 19 (1)(g) and 21 of the Constitution of India and thatthe exemption earlier granted under the provisions of Rule 34(c) ofthe standard weights and Measures (Packaged Commodities) Rules, 1977shall continue to enure that the Act and Rules are not applicableinsofar as the members of the petitioner Association is concerned. For Petitioner: Mr.DwarakanathanFor Respondent : Mrs.S.SeethalakshmiW.P.Nos.20801 to 20820 of 1998M/s. Shaik Ismail & Sons,Bavuta Mark Bidi Manufacturers,No.6, Ramanuja Iyer Street,Washermenpet, Chennai – 600 021, https://hcservices.ecourts.gov.in/hcservices/ rep. by its Partner,S.A.Mohamed Ehsanullah. .. Petitioner in W.P.Nos.20801 & 20802/1998M/s. Habeebur Rahman Sons"S" Beedi factor, Santhapet,Gudiyattam 632 602 rep. by its Partner, A.Mohamed Ashraf .. Petitioner in W.P.Nos.20803 & 20804/1998M/s. V.K.Abdul Jabbar Sahib Son,100 Mark Bidi Manufacturers,No.1/128, Pilliar Koil Street,Virudhamper, Vellore – 632 006(Vellore District), rep. by its Partenr,V.R.Fazlul Haq. ..Petitioner in W.P.Nos.20805 & 20806/1998M/s. K.Abdul Azeez Son & Co.,No.4, Horse Bidi Manufacturers,No.4, Big Alipuran Street,Vellore – 632 004,rep. by its Partner,K.Iqbal Ahmed. ..Petitioner in W.P,Nos.20807 & 20808/1998M/s. K.Md. Anwer Basha,Sole Proprietor,M/s. K.Abdul Azeez Sahib & Sons,No.10, Mark Bidi Manufacturers,No.153, Chunnambukara Street,Vellore. ..Petitioner in W.P.Nos.20809 & 20810/1998M/s. S.P.Abdul Rahim Son,99 MarkBidi Manufacturers,No.8, Commissary Bazaar Street,Vellore – 632 004rep. by tis Sole Proprietrix,K.Mehrunnissa Begum. ..Petitioner in W.P.Nos.20811 & 20812/1998M/s. K.A.Abdul Hadi & Bros.,Doulath Bidi Manufacturers,No.17, Fort Street,tirupattur – 635 601,rep. by its Partner,K.A.Anwer Basha ..Petitioner in W.P.Nos. 20813 & 20814/1998 https://hcservices.ecourts.gov.in/hcservices/ M/s. S.Ebrahim sahib & Co.,Fan Mark Bidis,N.42, Bazaar Street,Ranipet – 632 401,rep. by tis Partner,Chand Basha..Petitioner in W.P.Nos. 20815 & 20816/1998M/s. V.Abdul lJabbar Sahib Son,Goat Mark Bidi Manufacturers,No.15-16, Long Bazaar,Vellore – 632 004,(Vellore District), rep. by its Partner,V.I.Md.Ghouse...Petitioner in W.P.Nos. 20817 & 20818/1998M/s. M.Abdul samad Sahib Sons,Samad Bidis,No.44-46, Big Alipuran Street,Vellore 632 004,rep. by its Partner,S.Abdul basith..Petitioner in W.P.Nos. 20819 & 20820/1998vs.1. Union of India, Ministry of Civil Supplies, Consumer Affairs & Public Distribution, Department of Civil Supplies by its Secretary, Block No.12-A, Janam House, New Delhi 110 011.2. The Director of Legal Metrology, Government of India, Ministry of Civil Supplies, Consumer, Affairs, Weights and Measures, Shajahan Road, New Delhi. .. Respondents in all the W.Ps.WP Nos.20801,20803,20805,20807,20809/98, 20811, 20813, 20815, 20817,20819/98Writ Petition filed under Article 226 of the Constitution ofIndia praying to issue a Writ of Certiorari to call for the records https://hcservices.ecourts.gov.in/hcservices/ of the first respondent pertaining to the Notification No.140(E)dated 7.3.1997 withdrawing the exemption granted under NotificationNo.346(E) dated 30.6.1978 and quash the same.WP Nos.20802,20804,20806,20808,20810/98 20812/98, 20814/98, 20816/98,20818/98,20820/98Writ petition praying to issue a writ of declaration declaringthe sixth schedule Rule 6 (C) (d) & (F) of the standards of weightsmeasures (Package and commodities) Rules 1977 as ultra vires andconsequently so far as the petitioner is concerned.For Petitioner: Mr.S.D.S.Philip in all WPsFor Respondent : Mrs.S.Seethalakshmi in all WPsW.P.No.17709 of 1999Nellai Mavatta Beedi Urpathiyalar Sangam(Regd. No.11/1958)rep. by its Secretary,4-G, (II Floor) Salai Street,Sindupoondurai,Tirunelveli627 001... Petitionervs.Union of India,Ministry of Civil Supplies,Consumer Affairs & Public Distribution,Department of Civil Suppliesby its Secretary,Block No.12-A, Janam House,New Delhi 110 011.... RespondentWrit Petition filed under Article 226 of the Constitution ofIndia praying to issue a Writ of Declaration declaring that theparagraph 2 of the impugned notification dated 7.3.1997 inG.S.R.No.140(E) issued by the respondent is violative of Article 14,19 (1)(g) and 21 of the Constitution of India and that theexemption earlier granted under the provisions of Rule 34(c) of thestandard weights and Measures (Packaged Commodities) Rules, 1977shall continue to enure to the members of the petitioner Associationthat the Act and Rules are not applicable to them. For Petitioner: Mr.DwarakanathanFor Respondent : Mrs.S.Seethalakshmi https://hcservices.ecourts.gov.in/hcservices/ C O M M O N O R D E RThe petitioner in W.P.No.1565/1998 is an Association known asSouth Tamil Nadu Beedi Manufacturers Association whose members aremanufacturers of Beedi. The petitioners in W.P.Nos. 20801 to 20820 of1998 and W.P.No.17709 of 1999 are all manufacturers of Beedi . In allthese writ petitions, the challenge is to paragraph 2 of notificationissued by the Central Government in GSR 140(E) Department of Civilsupplies dated 7.3.97 withdrawing exemption in respect of BeediPackages originally contained in Rule 34(c) of the Standard ofWeights and Measures (Packages Commodities) Rules, 1977.2. The Standard of Weights and Measures Act, 1976 was enacted toestablish standards of weights and measures, to regulate inter-Statetrade or commerce in weights, measures and other goods which are soldor distributed by weight, measure or number and to provide formatters connected therewith or incidental thereto.3. Section 83 of the Act empowers the Central Government to makeRules to carry out the provisions of the Act by notification. Inexercise of the said power, the Central Government made the Standardsof Weight and Measures (Packages Commodities) Rules, 1977. Rule 5 toRule 13 need mention at this juncture to understand the scheme of theRules. Rule 5 speaks of certain commodities specified in the thirdschedule to be packed and sold in recommended standard packages ,Rule 6 speaks of declarations to be made on every package, Rule 7speaks of Principal display panel, Rule 8 speaks of where thedeclaration to appear, Rule 9 speaks of the manner in whichdeclaration shall be made, Rule 10 speaks of declaration of name andaddress of the manufacturer, etc., Rule 11 speaks of Generalprovisions relating to declaration of quantity, Rule 12 speaks ofmanner in which declaration of quantity shall be expressed, Rule 13is the statement of units of weight, measure or number. 4. Rule 34 is to the following effect. (before the impugnedamendment )"34. Exemption in respect of certain packages– (1) Nothing contained in these rules shall applyto any packages containing a commodity if - (a) the marking on the package unambiguouslyindicates that it has been specially packed forthe exclusive use of any industry as a rawmaterial or for the purpose of servicing anyindustry, mine or quarry: https://hcservices.ecourts.gov.in/hcservices/ (i) any yarn which is sold in hands to handloom weavers; (ii) any component, part or material usedin any workshop, service station or any otherplace where servicing or repairing of any bicycle,tricycle or motor vehicle within the meaning ofthe Motor Vehicles Act, 1939, is undertaken;( (iii) any package containing a commodity ofnet content of 5 kilograms or 5 litres or lessand displayed for sale a the retail outlet;(iv) any package containing a commodity to besold by number or length and displayed for sale atthe retail outlet;)(b) the net weight or measure of the commodity istwenty grams or twenty millilitres or less, ifsold by weight or measure:(Provided that this exemption shall not apply topackages containing any drug or medicine.):(Provided that the declaration in respect ofmaximum retail price and net quantity shall bedeclared on packages containing 109 to 209 or 10ml to 20 ml.)( (c) it contains bidis or incense sticks)"5. The Government issued GSR 140(E) dated 7.3.1997 amending Rule34 thereby omitting specifically Rule 34(c). Challenging the samethese writ petitions have been filed.6. In all these writ petitions, it is mainly contended that allalong the said exemption was enjoyed by the Beedi manufacturers andthe Government has suddenly withdrawn the same without any rhyme orreason. It is further contended that no object is sought to beachieved by making the amendments.7. The notification will result not only in curtailing andreduction in the daily earnings of the packers or home workers butmay inevitably lead to mechanization of the packing process wherebya large section of employees who depend on this income would berendered jobless which is violative of Article 21 of the Constitutionof India. The exemption will result in huge losses to themanufacturers. Following the specification in the Rule in respect ofpacking would cause hardship to the manufacturers and the workers. https://hcservices.ecourts.gov.in/hcservices/

8. I have considered the above submissions. At the outset, Ihave to state that the petitioners have not challenged the vires ofthe Rule on the ground that it is either violative of the provisionsof the Constitution or that of the provisions of the parent Act or onthe ground that by issuing of the impugned notification, the CentralGovernment has exceeded in its Rule making power or it isunreasonable. Per contra, all the grounds raised by the petitionersrefer only to the hardship to the manufacturers and the workersemployed in the Beedi Industries that is likely to occur due to theamendment.9. It may be true that because of the withdrawal of theexemption there may be some hardship caused to both the manufacturersas well as the workers but that cannot be a ground to strike downthe Rule. It is for the Government to consider all these factors andto bring in appropriate legislation and this Court cannot take therole of legislature as the powers of legislation lies only with thelegislature. If this Court embarks upon the same, it would certainlyamount to exceeding its constitutional bounds. Under theConstitution, the powers of the three wings of the Government arewell defined. One cannot interfere with the powers of the other. Thehardship which are likely to be experienced by the petitioners cannotbe considered by this Court as a valid ground to strike down theRule. 10. It is submitted by the learned counsel for the petitionersthat several representations were made to the Government in thisregard for restoring the exemption given to the Beedi Industries butof no avail. 11. In my considered opinion, to give exemption to a particularcommodity from the application of the Rules is a policy matter of theGovernment into which this Court cannot interfere with. If thepetitioners feel that they have got any grievance, they can very wellapproach the Government for redressal of the same. Thus, I do notfind any reason to strike down the impugned notification.12. In view of the above, the writ petitions fails and the writpetitions are accordingly dismissed. No costs. Sd/- Asst.Registrar/true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To1. The Secretary, Union of India, Ministry of Civil Supplies, Consumer Affairs & Public Distribution, Department of Civil Supplies Block No.12-A, Janam House, New Delhi 110 011.2. The Director of Legal Metrology, Government of India, Ministry of Civil Supplies, Consumer, Affairs, Weights and Measures, Shajahan Road, New Delhi.+10 cc to Mr.E.S.Govindan, Advocate, SR.No.27743 to 27752+1 cc to Mrs.S.Seethalakshmi, Advocate, SR.No.27718+2 cc to Mrs.Meenakshi Sundaram, Advocate, SR.No.28307 & 28308W.P.No.1565 of 1998, W.P.Nos.20801 to 20820 of 1998 and W.P.No.17709 of 1999GV {CO}TP/22.7.2009.