M/S Wipro Limited vs Union Of India on 21 August, 2009

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Karnataka High Court

M/S Wipro Limited vs Union Of India on 21 August, 2009

Bench: Ajit J Gunjal

  (Sri   Adv.)
;  j U::1ii)1i"asfIzV1;di£:1,

  'Department of Consumer Aﬁairs,
T  No.270, Krishi Bhawan,

 "'i'JeW Delhi»-«I10 001.

 Ivlinistry of Consumer Aﬁhirs,

 

._,%  5i:Yx:'

IN THE HIGH comm' 032* KARNATAKA AT  
DATED THIS THE 21st DAY OF AUGUST 2o0$§Q%<%%A: L' 
BEFORE   x _ Vn 
THE HONBLE Mr. JUSTICE    
WRIT PE.°I'1"I'I()N No.1 1596 QF_2oé3;§3+M-RES}      

BEIWEEN :

1.

M/s.Wipr0 Limited, Having its registered ofﬁceat, _ 7613 & 8013', Doddakannelli, _ ' Saxjapur Road, '-- V * BangaIore--560 G33>.%&.1~\ _ % A ' Rcpmscntcd by its Mggrxagﬁr V . Shri Vishal »

2. Mr.vashaa Mitt:-93; , _ Aged about 34» yeazis-.,' " ' S/0 R.K.M'ittal, _ " "

Residing at Hat No.00 1, "

Block #14, Su1"mity~ % 4_ _. Apartmég-znts, Sarjapur___J!mction, 0utc1*Ririg=Rbad, "Biar;ga1om.;56eV%%'a>3%6. ...PETI'I'IONERS "Represc=;nted by its Secretary, Parliament Street, Food and Public Disuibution, Room No.270, Krlshi Bhawan, Parliament Sweet, New E)e1hi-11O 001.

3. Controller of Legal Metrology (Weights 85 Measures), Government of Kamataka, No. 1, A11 Askar Road, P.B.No. 175, Bangalore, Karnataka-560 G52.

4. Controller of Legal Metrokfgy (Weights&Measurcs) , , -.

Government of P5;ad,e$i1,_ 510.209, FWD Building,"

Gandhi Nagar, Hyd¢;(a'bad,_ L 1; "

AndhIaP1'a;it:$h-560 380. % t A

5. Controller of %,,Mem,;5gy "

rvveights ' Goverrmient (>fAKc_ra];a,' ' Vikas Bhavan, , " f Thiruxraixaxatlzapliifaim . " -~ .__ " '~ "

Kerala-695 C33. k X 6, _. ,ContI*0E}er 'of .3\/igatxfelogyr (wcjights <'3i;=Mea,.sures)""' "{3cv¢'I:r;ment, of Maharashtra, Gcxxiexfnnzejxt, of Barrack No.7, Free ,%ss Marg, Mumi*:__ 490.1. ...RESPONDEN"TS ' " ' --u(':"5"A1*ti.._VN'.B,Vi$hv}ar1ath, AGA) T ..T-"I1is W.P is filed under Articles 226 and 227 of the * Gorzstitutioza of India. praying to hold and declare that '*aRi'11c 8(1)) and 18 of the Standard of Weights and Measures (Packaged Commodities) Amendment Rules, 2006, notiﬁed by notifmation No.425(E) dated 1'?.'?.2006 mnnexure-A) as being violative of Articles 14 , 19(i)(g) accepted that there is no scientiﬁc method to determine the exact weight vie-é-«vie ioss of moisture. According sto the petitioner, Section 39 of the Act mandates declaration of net weight is requires} to be ~ the package of the commodiﬁes. ii provision, the net weight of the stated on the package. But 39(4) recognises that ,..ti1ereAV..is*~-xfaxieﬁora r}.;.1e to climatic conditions it for the manufacturer oryecker ' speciﬁed to qualify the the net content of such commodityfibyi the "when packed". The _v1¥3xpla;.1§_1tiuz1 seys. {he words "when packed" shall case, except a case to which the (4) applies. Government has V fxfameéi' of Weight: and Measures (Packed i..'.;'%.%'ct;§m.mei::es) Rules, 1977. Rule 11(4) provides fer

--'.i::1:1f)¥.ei11entation of provisions of Section 39(4) by ' " the weight of commodities speciﬁed in the 'Fourth Schedule to be stated in the packages with qualiﬁcation 'when packed'. The Fourth schedule 31% serial Nos.12 and 14 recognises all kinds of soaps toilet soaps as eomntzodities on which "

qualiﬁed with the words "when packed". The d petitioner is that the first 4' T. e manufacturers of such soapshave statiiig. weight of soap on the package» I "when packed", as-A; ef "soap at the time of Ixltimate saxeip i§fé>11Id be less than the in moisture.

Indeed, ptfézzetice is in vogue for the 'd The grievance of the petiticmez' iéethat the Amendment, Su¥o~Ru.le of i-3t"Iéi""£}f1f:__«I4'01II'1lt'1 Schedule stands emitted. these circumstances, the petitioners are inter alia contending that keeping the ustattgtte, inasmuch as, provise to Section 39(4) on vetatute book, Ruie 11(4) which compliments the to Section 39(4) could net have been omitted. 80 ga1se First Schedule and Fourth Schedule. Fourth Schedule Weuid relate £10 deelaratjen of quantity in relation to eemmeditiee which may be qualified by the Ii provides the consumers with a. protection in respect of packaged comaloditfries by providing in ptirsuance o1'___t.he recommendations of the Intemaﬁonal VA Lega} IvIe'a*ology, fer the proper i:1dicatio;i{V~-- * package of net quantity by Weight,.:Ia1ee,suree git: " V' the identity of the commodity of the manufaeturer and very__ the price of the package. The _eval£ia#;ion'§ of the performance accuracy ef Weights, measures etc._,_ weuld eeﬁsmaer to buy his requireiaente Viv'E:I1_V__coi1ﬁdenee about accuracy and also gve irigitisffies to use mere accurate _ measxiaing i11sﬁ"ufaen1:e in their production control and ,;:t::.'A3..§:~,: e<;ieI1t:ists to measure accurately the in the researches.

one is required to examine the urged by both the counsel keeping in the intenﬁon of the legelatixre in bn'ng'ng V' "eabout this enactment. With this preface, the provisions of the Act are required to be examined.

10. Section 39 is in Chapter--4 of Pert--IVV would relate to commodities in packaged _ to be sold or distributed in the course_. of "

trade or commerce. Section 39 origin of commodities in V The relevant provision for 39(4) proviso. See-tiony as under:

"the statementeoin, as to the net' of the conteiifs include any expreseiefx =._IV:'ei1de-... ﬁe qualify such xveight, Central Govemment may, L53' Vfiulee, the commodities, the orx of which is likely to A --. or decrease beyond the prescribed by reason of climatic and it shall be lawful for the mefiufactuxer or packer 9} the commodity so AA ' epeeiﬁed to qualify the statement as to the 'V 'iiet content of such commodity by the use of the Words "when packed".

.///6/v

11. Rule 11 of the Rules would relate to provisions relating to deciaration of quantity. _ the Rules would read thus:

11. General provisiony miﬁiiikggtié...' declaration of quantity: (i). " ' the net quantity of the In a package, the;

materials other cqsimaiitgr shall be excluded: s Pmvid:%:d% t.'r:éié% package contaixjs §'a_ items of _ confecfionéf3{_,VV is separately " declared on the paﬁkage confectionery 01' on th£§L£.'g;ibe1.:§s;i1ay inciude the weight Such inﬁm.1§§1iatr: wrappers, if and only if, " ttig such immediate wrapgwr ' _ c:~:_;£;:.=:ed~ A 'A Eight per cent, Where such V wrapper is a waxed paper or any .. , r_.)thé:1'.. paper with Wax or aluminium foil I V' * .._1ﬁ1der strip, [or] [. (ii six per cent in the case of any other paper, of the total net weight of all the items of coxlfectionezy contained in the package minus the weight of immediate w (2) Where a commodity In a package V likely to undergo any variation In weight A measure, on account of . _ conditions, the quantity 'V package shaii c0r1'cspor1(it__ thc quantity which will V» reccivt-;d' consumer and the cf such package ncit by the words "what: packed-"'V_or','th:c likcp (3) save t Silb-R1116 (4), \§'}t;e1fc';»';a if; 'Va package is likely to undergc the declaration of quantity such package shall be VVV'1i2..éicivcV iaﬁcrtt into account 2 tvaxiationi that the constlmcrf' less than the net quantity' .oi" _tﬁc as declared on t}fae..packagé, 'idéiclaraticn of qtaantity orV1V""$;1c};VpacI;agc"'V not also be qualified u at when packed" or the like.

" V'.ihc.'§"ecVI,aration of quantity in relation to cammédiﬁes speciﬁed in the Fourth Sciicdtﬁc, that is to say, ccmmodiﬁes which are likely to undergo signiﬁcant variations in Weight or measure oﬁ account of M packed, would evaporate much early. I11deed,_...__i:1iis aspect is taken care by schedule H under Rule {ﬁr Schedule 11 would relate to maximum which is not speciﬁed in first se:he'duie.ﬁ K permissible error or net ., volume is relatabie to ethrorhiin in 'V deﬁciency, in the net 'or' volume of any commodity not The Maximum is declared by weight 'tabular form. If the $0..V:gms,'._'theiV:percentage of declared V-maximum permissible error in excess of deiiciencj}. But however, if the declared gms to 100 gains the maximum s.peijfmissib1e is shown as 4.5, so on and so forth. Thus, iiiaiiufactmer is taken care of if there is any Vioss oi'-riitoisture thus reducing the net Weight; when A Indeed, it is aiways open for the msnufaotmer "to; add a. little more moisture so as to maintain' the A ' "V weight when packed and it would remain constant when the product ultimately reaches the hands of the ﬂ/r Consequently, I am of the View that there vT';ijS'.Tno merit in this petition. Petition stands rejectedA.~~~- A' S{}J,[_,i.'Vv » .

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