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1990 Supreme(SC) 439

J.S.VERMA, K.JAYACHANDRA REDDY, M.M.PUNCHHI
India Cement LTD. – Appellant
Versus
Union Of India – Respondent


Advocates:
B.R.AGRAWAL, C.V.SUBBA RAO, D.N.Mishra, G.L.SANGHI, GOBIND DAS, K.K.VENUGOPAL, K.PARASARAN ATTORNEY, LIRA GOSVAMI, N.L.Kakkar, S.KRISHNAMURTHI IYER, Sushma Manchanda, SUSHMA SURI, T.C.SHARMA, V.C.MAHAJAN

JUDGMENT

VERMA, J.:—Both these appeals are against the common judgment of the Madras High Court (hereinafter referred to as the High Court) by a certificate under Art. 133(1) of the Constitution prior to its amendment. The appellants writ petitions were dismissed by a common judgment dated 18-12-1969 by a learned single Judge of the High Court and thereafter, the writ appeals were dismissed by a Division Bench of the High Court on 23-4-1971. The grievance of the appellants before us is, as it was in the High Court, against the fixation of a uniform retention price in 1969 to be paid to all producers for the cement produced by them and acquired by the State Trading Corporation. In short, the appellants grievance is that the fixation of a uniform retention price for all producers in 1969 instead of three different retention prices for different categories of producers, as was done earlier, amounted to discrimination contravening Art. 14 of the Constitution.

2. The background in which the argument of discrimination has to be tested may now be stated. Cement has been a controlled commodity for a long time and its production, distribution and price were regulated by Cement Control Orders
























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