Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jute Packaging Materials (Compulsory use in Packing Commodities) Act 1987: ss. 3 and 4 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Jute Packaging Materials (Compulsory use in Packing Commodities) Act, 1987: ss. 3 and 4-Progressive dilution of protection of jute packing material-High Court holding that Central Government could not resort to progressive dilution of protection of jute packing material for purpose of ultimate repeal , of the Act-Directing Standing Advisory Committee to make fresh recommendation after hearing workers engaged in jute industry and agriculturists producing raw jute-Held, the orders of High Court have worked out by efflux of time-However, observations made by High Court are set aside. In the interests of production of raw jute and jute packaging material and of persons engaged in the production thereof, Parliament enacted the -' Jute Packaging Materials (Compulsory Use in Packing Commodities) Act, 1987. By order dated 1.3.2002, the Central Government reduced the extent of protection in respect of sugar from 100% to 90%. Later the Standing Advisory Committee constituted u/s 4(i) of the Act, made the recommendations for formation of inter-Ministerial Committee consisting of Ministers of the Ministries concerned for the purpose of formulating a road map for the progressive dilution of compulsory packaging norms for food grains and sugar under the Act to facilitate its repeal. Writ petitions challenging the order of the Central Government were filed in the High Court. Meanwhile the Central Government on the recommendation of the Inter-Ministerial Committee, took a decision to dilute the protection in respect of sugar by 25% and food grains by 20% for the year July 2002 to June 2003 and by 50% and 40% for the year July 2003 to June 2004. This led to filing of another writ petition. All the writ petitions were - dismissed by single Judge of the High Court. On appeal by the Indian Jute Mills Association etc., the Division Bench of the High Court held that the Central Government could not act contrary to the legislative policy and resort to progressive dilution of the protection of jute packaging materials for the purpose of ultimate repeal of the Act. Aggrieved, the Union of India filed Civil Appeals No. 6880-6883 of 2003. In yet another writ petition the notification dated 16.4.2004 issued under the Act for the period ending June 30, 2004 and the Notification dated 1.7.2004 for a period of one month, were challenged on the ground, inter alia, that the notifications were issued without hearing the workers engaged in jute industry and the agriculturists producing raw jute. The Single Judge dismissed the writ petitions. However, the Division Bench quashed the Notifications and directed the Standing Advisory Committee to make fresh recommendation after hearing the writ petitioners. Aggrieved, the Union of India filed Civil Appeal No. 7894 of 2004. Pending appeals, the impugned orders passed by the High Court have worked out with lapse of time. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2005 INSC 263 |
Petitioner | Union Of India And Ors. |
Respondent | Indian Jute Mills Associations And Ors. |
SCR | [2005] 3 S.C.R. 1222 |
Judgement Date | 2005-05-05 |
Case Number | 6880 |
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