ORDER

The appeal has been referred to a Bench of three Judges because the two learned Judges who earlier heard it were of the opinion that the decision of this Court in State of U.P. & Ors. v. Janta In. Udyog & Ors.1 required reconsideration.

2. Under appeal is the order of a Division of the High Court at Allahabad which, following an earlier judgment of the High Court, quashed the provisions of the U.P. Coal Control Order, 1977 insofar as it applied to persons manufacturing bricks with the aid of slack coal and to brick kilns run by them for such manufacture of bricks. The order was passed on writ petitions filed by the manufacturers of bricks who used slack coal in their brick kilns.

3. The U.P. Coal Control Order ("the said Order") was issued in exercise of powers conferred by Section 3 of the Essential Commodities Act, 1955. It defined `bricks to mean bricks or tiles produced with the aid .

 of slack coal but did not include firebricks or refractory bricks and tiles. A `brick kiln meant any kiln in which bricks were manufactured with the aid of coal and the premises appurtenant thereto. Paragraph 4 of the said Order dealt with licensing thereunder; it said that no perso