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2009(1) Supreme 573
SUPREME COURT OF INDIA
(From Calcutta High Court)
S.B. Sinha and J.M. Panchal, JJ.
Paul Enterprises & Ors. — Appellants
versus
Rajib Chatterjee & Co. & Ors. — Respondents
Civil Appeal Nos. 101-102 of 2009
[Arising out of SLP (Civil) Nos. 24293-24294 of 2005]
Decided on : 13-01-2009
(b) Interpretation of Statutes – Trite that when a statutory enactment defines its terms, the same should govern what is proved, authorized or done under or by reference to that enactment – Also trite that all statutory definitions have to be read subject to the qualification variously expressed in the interpretation clause, which created them. (Para 21)
(2003) 1 SCC 433; (2003) 7 SCC 336; 1995 Supp (2) SCC 348; (1997) 2 SCC 53; (2007) 4 SCC 685 – Relied upon.
(c) Industrial Disputes Act, 1947 – Section 17B – A person living on mere subsistence earning as of necessity is not considered to be gainfully employed. (Para 22)
2008 (15) SCALE 470 – Relied upon.
(d) Words and Phrases – Unemployed youth – The term is required to be given a purposive meaning; a meaning which is capable of being translated in the action, a meaning which would not lead to an anomaly or absurdity; a meaning which satisfies the text and context in which the word has been used. (Para 22)
(e) Estoppel – Appellant having applied for and obtained similar certificate, cannot challenge the same in case of respondent and seek it to be declared ultra vires. (Para 23)
Facts of the case :
1. An advertisement was issued on or about 18.01.2001 by the State of West Bengal inviting applications from companies/firms/societies formed by unemployed youth for the purpose of grant of excise licence for country spirit shops in certain locations.
2. Appellant No. 1, a partnership firm of the appellant Nos. 2 and 3 herein applied therefor. In terms of the advertisement, respondent No. 1, which is also a partnership firm of which respondent Nos. 2 and 3 are partners as also several others, applied for allotment of the said country spirit shop.
3. In the select list, the appellant No. 1 was placed at Sl. No. 3 whereas the respondent No. 1 was placed at Sl. No. 1. The candidature of the respondent No. 1 was objected to by the appellants inter alia contending that the respondent Nos. 2 and 3 were not ‘unemployed youth’ within the meaning of the said advertisement.
4. Allotment of the country liquor shop in question was made in favour of the respondent No. 1 herein.
5. Appellants filed a writ application which was allowed opining that only a person who was sitting idle would come within the purview of the term ‘unemployed youth’ and as the respondents had been carrying on business, they did not satisfy the conditions for allotment of country spirit shop.
6. The writ appeal was allowed.
Finding of the Court :
Despite the fact that the respondents had been earning some money, the same would not disentitle them to take part in the selection process for grant of a license in terms of the order.
Result : Appeal dismissed.
JUDGMENT
S.B. Sinha, J. —
1. Leave granted.
2. What would be the meaning of the term ‘unemployed youth’ stated in an advertisement issued pursuant to an ‘excise policy’ of the State of West Bengal is involved in these appeals which arise out of a judgment and order dated 8.06.2005 passed by the Calcutta High Court reversing the judgment and order dated 11.06.2004 passed by a learned Single Judge of the said Court in Writ Petition No. 14945 (W) of 2003.
3. The basic fact of the matter is not in dispute.
An advertisement was issued on or about 18.01.2001 by the State of West Bengal inviting applications from companies/firms/societies formed by unemployed youth for the purpose of grant of excise licence for country spirit shops in certain locations. Appellant No. 1, a partnership firm of the appellant Nos. 2 and 3 herein applied therefor. In terms of the said advertisement, respondent No. 1, which is also a partnership firm of which respondent Nos. 2 and 3 are partners as also several others, applied for allotment of the said country spirit shop.
4. In the select list, the appellant No. 1 was placed at Sl. No. 3 whereas the respondent No. 1 was placed at Sl. No. 1. The candidature of the respondent No. 1 was objected to by the appellants inter alia contending that the respondent Nos. 2 and 3 were not ‘unemployed youth’ within the meaning of the said advertisement and two locations of the liquor shops proposed by them were not conducive therefor.
5. The District Magistrate, Bankura being a licencing authority directed an enquiry to be held. The Enquiry Officer, in his report, inter alia opined that whereas the respondent No. 2 carried on seasonal business in paddy, Til, potatoes, etc.; the respondent No. 1 carried on business with his brother.
As regards, location, it was stated:
“...The proposed site of the country spirit shop is situated within the market place of Chatramore where ladies also frequently visit the spot for shopping. The drunken people will disturb ladies and other public if license for a country spirit shop is granted with in the market place.”
It was noticed:
“Rajib Chattopadhyay has stated that he is unemployed and lives with his brother, Sanjib Chattopadhyay in a joint family. His brother, Sanjib Chbattopadhyay is the owner of the “Light House” shop at Gelia More. Rajib Chattopadhyay has admitted that he sells electrical goods of the said shop. Rajib Chattopadhyay submitted a Xerox copy of a challan showing deposit of profession Tax by Sanjib Chattopadhyay, as a token of Sanjib’s shop. Rajib Chattopadhyay has admitted that there are decorators’ shop and tailoring shop by the side of the proposed country spirit shop and the proposed shop is within 30/40 feet from the Bishnupur, Kotulpur metalled Road.
Another partner, Sri Subhendu Chatterjee has admitted that he was a businessman and dealt in potato till March, 2001. They signed the application form for grant of license for country spirit shop on 12.2.2001 and mentioned in column 4 seasonal business - paddy, Til potatoes etc. against business or sales experience, if any, Subhendu Chatterjee has further admitted that he took loan of Rs. 25,000/- (Rupees Twenty five thousand) for business from Chatramore co-operative Bank but he could not repay the same till 4.1.2002. Subhendu Chatterjee has admitted that his partner’s name for potato business has been registered with Chatramore Kshudra Babsayee Samiti. From the above, it transpires that Subhendu Chatterjee, as on the date of application, was self-employed, at least, partially and the site for the proposed country spirit shop is situated within the market place of Chatramore.”
6. The Additional District Magistrate (Excise), Bankura, however, disagreed with the said view of the Enquiry Officer, opining:
“I think, this is not any point for rejecting them because all these points of objection were mentioned in the application form and these are not matters for discarding their candidature for the business in Country
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