Union of India Vs. Dalmia Cement (Bharat) Ltd. etc.
EmailAppeal: Civil MIscellaneous Petitions Nos.11119-11130 of 1988 in Transfer Petition Nos. 696-715 OF 1987.
Petitioner: Union of India
Respondent: Dalmia Cement (Bharat) Ltd. etc.
Apeal: Civil MIscellaneous Petitions Nos.11119-11130 of 1988 in Transfer Petition Nos. 696-715 OF 1987.
Judges: SABYASACHI MUKHARJI & S.RANGANATHAN, JJ.
Date of Judgment: May 10, 1988
Head Note:
JUTE PACKAGING MATERIALS (COMPULSORY USE IN PACKING COMMODITIES) ACT, 1987:
Use of jute packaging in Cement Industry – Order passed by the High Court of Andhra Pradesh, Karnataka, Rajasthan, Bombay and Madras staying the operation of the use of jute packages for the goods in the Cement Industry vacated.
JUDGEMENT:
O R D E R
1. Having considered the facts and circumstances of the case we vacate the orders passed by the High Courts of Andhra Pradesh, Karnataka, Rajasthan, Bombay and Madras staying the operation of the use of jute packages for the goods in the Cement Industry. This has been done pursuant to the policy involved in the Jute Packaging materials (Compulsory Use in Packing Commodities) ACT, 1987. The said Act was passed in the ntional interest and in the interest of the industry as whole. The provisons of the said Act have not yet been declared ultra vires nor any portion the of has yet been struck down so far, in view of the inbuilt safeguards in the Act. The stay granted of the user of jute packing materials by the aforesaid High Courts shold not continue. In the premises, subject to the directions hereunder, we vacate the interim stay as prayed for at Page No.36 of the Paper Books in the above C.M.P. Nos. 11119-11130/33.
2. This,however, will not prevent the parties from making any representation to the Government for exemption of individuals or the industrty from the operation of the Act. We are also informed that in some cases such representations have been made but the same still remain unreplied. In case of such repdresentations which have been made the Government should deal with them within a period of four weeks from this date and in any other case the persons will be at liberty to make representations for exemption within a period of six weeks from today. In case such representations are made, the same shall be disposed of within six weeks thereafter.
3. In order to facilitater jute packing as required under the Act, the respondents authorities whenever necessary, will make available the jute packing materials within a week from the date of the applications.
4. This order will start operating after two weeks from today.
5. The C.M.Ps are disposed of accordingly.
1. Having considered the facts and circumstances of the case we vacate the orders passed by the High Courts of Andhra Pradesh, Karnataka, Rajasthan, Bombay and Madras staying the operation of the use of jute packages for the goods in the Cement Industry. This has been done pursuant to the policy involved in the Jute Packaging materials (Compulsory Use in Packing Commodities) ACT, 1987. The said Act was passed in the ntional interest and in the interest of the industry as whole. The provisons of the said Act have not yet been declared ultra vires nor any portion the of has yet been struck down so far, in view of the inbuilt safeguards in the Act. The stay granted of the user of jute packing materials by the aforesaid High Courts shold not continue. In the premises, subject to the directions hereunder, we vacate the interim stay as prayed for at Page No.36 of the Paper Books in the above C.M.P. Nos. 11119-11130/33.
2. This,however, will not prevent the parties from making any representation to the Government for exemption of individuals or the industrty from the operation of the Act. We are also informed that in some cases such representations have been made but the same still remain unreplied. In case of such repdresentations which have been made the Government should deal with them within a period of four weeks from this date and in any other case the persons will be at liberty to make representations for exemption within a period of six weeks from today. In case such representations are made, the same shall be disposed of within six weeks thereafter.
3. In order to facilitater jute packing as required under the Act, the respondents authorities whenever necessary, will make available the jute packing materials within a week from the date of the applications.
4. This order will start operating after two weeks from today.
5. The C.M.Ps are disposed of accordingly.
