O R D E R

This Writ Petition has been filed challenging the Marketing Discipline Guidelines of the 3 to 5 respondent Corporations, 2012 as amended in the year 2017 insofar as it relates to Clause 1.5(x), 5.1.2, 5.1.18, 8.3(ix) of the Marketing Discipline Guidelines of Respondent Corporations, 2012 as amended in the year 2017 and forbear the respondents 3 to 8 herein from in any manner, imposing any penalty or punishment against the dealers or terminating the dealership for alleged violations of the aforesaid provisions.

2. When the matter is taken up, the learned Senior Counsel appearing for the petitioner would state that in respect of similar issue, writ petitions were filed in other High Courts and some of the writ petitions have been transferred to Delhi High Court. When the matter was taken up by a learned single Judge of the Delhi High Court, an order dated 18.03.2020 was passed in W.P.(C)10334/2017 etc. batch, wherein certain directions were issued. Against the common order passed by the learned single Judge, Appeal in LPA.No.24/2021 etc. batch had been filed and a Division Bench of the Delhi High Court partly allowed the appeal on 10.01.2022. The conclusive paragraph of the said judgment reads as follows:

86. As a cumulative effective of aforesaid facts, reasons and judicial pronouncements, we hereby uphold the amendments to MDG-2012 incorporated on 03.10.2017, except to the limited extent as mentioned in paragraph 85, hereinabove and set aside the impugned judgment passed by the learned Single Judge in W.P.(C) No.10334/2017, W.P.(C) No.10746/2017 and W.P.(C)No.11246/2017 dated 18.03.2020.

87. The Appeals are partly allowed. All pending applications are accordingly disposed of.

3. Learned Senior Counsel would further submit that as against the judgment passed by the Division Bench of the Delhi High Court, Appeal has been filed before the Hon'ble Apex Court and the same is pending consideration.

4. In view of the above submission made by the learned Senior counsel appearing for the petitioner, this Writ Petition is disposed in the same terms as in the judgment dated 10.01.2022 made in LPA.No.24/2021 etc. batch passed by the Division Bench of Delhi High Court. No costs. Consequently, connected miscellaneous petitions are closed.

28.02.2024 Index :yes/No Speaking /Non speaking order vsi To

1. The Secretary, Ministry of Petroleum & Natural gas, Shastri Bhavan, New Delhi.

2. The Secretary, Labour Employment Department, Government of Tamil Nadu, Fort St.George, Secretariat, Chennai - 600 009.

3. The Indian Oil Corporation Ltd., rep. by its Chairman, 3079/3, JB Tito Marg, Sadiq Nagar, New Delhi 110 049.

4. The Hindustan Petroleum Corporation Ltd., Rep. by its Chairman & Managing Director, Petroleum House 17, Jamshed, Tata Road, Mumbai - 400 020

5. The Bharat Petroleum Corporation Ltd., rep. by tis Chairman & Managing Director, Bharat Bhavan, 4 & 6, Currimbhoy Road, Mumbai 400 001, Mumbai.

6. The Executive Director (TN & Pondy)

Indian Oil Corporation Ltd., Indian Oil Bhavan, No.139, Mahatma Gandhi Salai, Nungambakkam, Chennai - 600 034.

7. The General manager (South Zone), Hindustan Petroleum Corporation Ltd., Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

8. The General Manager (South Zone), Bharat Petroleum Corporation Ltd., No.1, 15th Main Road, Ranganathan Garden, Anna Nagar, Chennai - 600 040.

9. The Commissioner of Labour, Department of labour & Employment, DMS Complex, Teynampet, Chennai - 600 006.

10. The Controller Legal Metrology, DMS Complex, Teynampet, Chennai - 600 006.

11. The Joint Chief Controller of Explosives, No.26, Sastri Bhawan, Block 1-8, Wing A&D, 2nd Floor, Haddows Road, Chennai - 600 034.

J.NISHA BANU, J.

vsi

28.02.2024