JUDGMENT

K. Ramaswamy, J.-In this bunch of cases the petitioners are manufacturers of cement, sugar and other commodities and plastic bags (for short, HDPE ). The HDPE industries are a small-scale sector that secured loans from the banks. They allege that due to operation of the Jute Packaging Material (Compulsory Use is Packing Commodities) Act, 1987 (for short, the Act ) their industries are running into losses and many of them are compelled to close their business. The capital obtained from the nationalised banks has become bad debt. Repeal of the Act or gradually phasing out compulsory packing of the commodities with gunny bags would relieve hardships to them. The constitutionality of the Act and the Jute Packaging Material (Compulsory Use in Packing Commodities) Rules and Standing Order No.539(E) dated May 29, 1987 are impugned as ultra vires and mandatoy direction to the respondents to forbear enforcement thereof in packing their finished products with jute bags etc., is sought for.

2. We have had the advantage of hearing galaxy of learned senior counsel with their forensic legal skills to assail the constitutionality of Sections 3 to 5 of the Act and the orders issued by th