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PUNJAB & HARYANA HIGH COURT
I.D.Dua and H.R.Khanna JJ.
Mukhtiar Chand Son Of Ralla Ram
Versus
Marketing Committee Malout Mandi District Ferozepore
Civil Writ No. 1353 of 1963,1406 of 1963,1501 of 1963,1615 of 1963,1826 of 1963,
Decided On : MARCH 25, 1964
PUNJAB AGRICULTURAL PRODUCE MARKETS ACT, 1961 - SECTION 43(2), 44 - WEIGHMEN - USE OF HAND-SCALES - CONSTITUTIONALITY - REASONABLENESS - FIXATION OF RATES - BYE-LAWS - VALIDITY.
Fact of the Case:
Petitioners, weighmen in agricultural produce markets, challenged the Punjab Agricultural Produce Markets Act, 1961, which prohibited the use of hand-scales and fixed remuneration rates for weighmen. They argued that the prohibition was unreasonable and violated their right to trade or profession under Article 19(1)(g) of the Constitution.
Finding of the Court:
The Court held that the prohibition of hand-scales was a reasonable restriction on the weighmen's trade or profession, as it aimed to prevent malpractices, corruption, and wastage of time. The Court also upheld the fixation of remuneration rates, finding that the bye-laws were made in accordance with the Act and were not arbitrary or excessive.
Issues: 1. Whether the prohibition of hand-scales in agricultural produce markets was a reasonable restriction on the weighmen's trade or profession under Article 19(1)(g) of the Constitution? 2. Whether the fixation of remuneration rates for weighmen was valid and constitutional?
Ratio Decidendi: 1. The Court held that the prohibition of hand-scales was a reasonable restriction on the weighmen's trade or profession, as it aimed to prevent malpractices, corruption, and wastage of time. The Court noted that the Act empowered the State Government to make rules for carrying out its purposes, including the prohibition of hand-scales. The Court also found that the prohibition was not arbitrary or excessive, as it was based on the experience of the authorities that hand-scales led to malpractices and inefficiencies. 2. The Court upheld the fixation of remuneration rates, finding that the bye-laws were made in accordance with the Act and were not arbitrary or excessive. The Court noted that the Act empowered the Committee to make bye-laws for the remuneration of different functionaries, including weighmen. The Court also found that the bye-laws were confirmed by the Chairman of the Board and notified in the official gazette, as required by the Act.
Final Decision: The Court allowed the writ petitions in part, quashing the order fixing remuneration of the weighmen except in the case of the Market Committee, Patti, where the impugned order was held to be valid. There was no order as to costs.
I.D.Dua, J.
1. These writ petitions (Civil Writs Nos. 1353, 1406, 1501, 1615 and 1826 of 1963) raise the same question of law and are, therefore, being disposed of by one judgment.
2. In Civil Writ No.1353 of 1963, Shri Mukhtiar Cahnd, Petitioner No. 1 claims to be an ordinary resident of Malout Mandi, District Ferozepore and is by profession a Tolla (weighman) being also a member of the Tolla Mazdoor Union, Malout Mandi (petitioner No. 2 ). He has been earning his livelihood by his profession for the last 8 years. Weighing by hand-scale, according to his allegations, requires a special kind of skill and adeptness which he has been working as a weighmen. The Punjab Agricultural Produce Markets Act of 1989 (hereinafter called the 1939 Act) "provided for taking out a licensee for carrying out an occupation of a weighman and the petitioner accordingly took out such licence which has been renewed every year every since.
The petitioner has been carrying out his profession as a weighmen with the aid of handscales (Takri). The remuneration fixed by the Market Committee under the 1939 Act for the petitioner No. 1 and for 2 paledars who assisted him in weighing was fixed at 81/2 annas on an out-turn of Rs.100/- It was split as under: 1. 31/2 annas for the weighman like the petitioner,and
2. 21/2 annas for each Paledar.
The petitioner and his two Paledars used to weigh on an average between 700 and 800 maunds per day, with the result that petitioner No. 1 was in a position to earn about Rs. 11/- per day ; each Paledar earning about Rs. 7/- per day. The season for such work of weighman and Paledar lasts for about 5 months in a year, 3 months after Rabi and 2 months after Kharif crops. The Punjab Legislature has now enacted the Punjab Agricultural Produce Markets Act of 1961 (hereinafter called the Act ) which has repealed the 1939 Act. Since the enforcement of the Act, petitioner No. 1 and other under this Act for working a s a weighmen in the notified market area. The petiitoner has a valid and subsisting licence to work as a weighman with hand-scales at the old rates but the Marketing Committee the State Agricultural Board and interfering with his worked and are not permitting which are not warranted by law. The petitioner has from 18-7-1963 been stopped by the Marketing committee, respondent No.1, from carrying on his business as a weighman with hand-scales at old rates and even prosecution has been launched against the dealer at whose shop the petitioner works. this has resulted in compete stoppage of the petitioners business with the result that he is unable to earn his livelihood. As a matter of fact, the whole of the market has been paralysed by this illegal action on the part of the respondents.
The State Agricultural Marketing Board, respondent No. 2, has, it is averred sent a circular to respond No. 1 and other Marketing Committees permit any further use of hand-scales (Takri) by weighmen and they should be allowed to work only on the following remuneration: (a) 6 Nay Paisa for a weighman,
(b) 19 Nay Paisa for Paledars.
In clause (b) just mentioned, it has been averred that there will be at least five Paledars if beam-scale alone as demanded by the respondents is to be used. On this rate, the daily remuneration of petitioner No. 1 would be reduced to Rs. 2.50 NP. per day whereas the remuneration of a Paledar would be reduced to Rs. 1.25 NP per day. This reduction in their earnings is attributed by the petitioner to low rates as also the lesser quantity which can be weighed by petitioner No. 1 by working with beam-scales for he would only be able to weigh about 400 maunds by means of beam-scales as against 700 and 800 maunds which he can weigh with the help of hand-scales (Takri).
It has been pleaded that the disparity in weighing with the two different kinds of scales has actually been demonstrated by weighmen at the markets of Kurali and Chandigrarh in the presence responded No. 2, and the minister for Agriculture, Pun
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