JUDGMENT

R.C. Lahoti, J.-Challenge to the constitutional validity of the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977 (hereinafter referred to as the Order, for short) in its application to tea having failed, the appellants are in appeal by special leave. The crux of the controversy centers around the question whether tea can be included within the meaning of foodstuffs listed as sub-clause (v) of clause (a) of Section 2 of the Essential Commodities Act, 1955 (hereinafter, the EC Act, for short) which defines "essential commodity".

2. The EC Act was enacted to provide, in the interest of the general public, for the control of the production, supply and distribution of, and trade and commerce, in certain commodities. The phrase essential commodity is defined by clause (a) of Section 2 of the EC Act as under:

2. Definitions.-In this Act, unless the context otherwise requires,-

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(a) "essential commodity" means any of the following classes of commodities:-

(i) cattle fodder, including oilcakes and other concentrates;

(ii) coal including coke and other derivates;

(iii)