- (1.) The petitioner in this art. 226 petition dated April 8, 2011 is questioning the validity of the ninth condition in a memo of the Joint Commissioner of Excise & Superintendent of Excise, Hooghly No. 1551(13)/E dated December 6, 2010 and the vires of sub-section (2) of section 25 of the Bengal Excise Act, 1909. The memo dated December 6, 2010 was issued imposing certain conditions, directives and regulations in connection with the special permission accorded by the Collector, Hooghly to the petitioner's bar-cum-restaurant under Rule 239 of the West Bengal Excise (Foreign Liquor) Rules, 1998; and the impugned condition is as follows: "9. Only male singers shall be allowed to perform on the stage."
(2.) Section 25 of the Bengal Excise Act, 1909 is quoted below; S. 25. Employment of children or women by licensed vendors.--(1) No person who is licensed to sell foreign liquor or country spirit for consumption on his premises shall, during the hours in which such premises are kept open for business, employ or permit to be employed either with or without remuneration, any person under the age of twenty-one years in any part of such premises in which such liquor or spirit is consumed by the public. (2) No person who is licensed to sell foreign liquor or country spirit for consumption on his premises shall, during the hours in which such premises are kept open for business, employ or permit to be employed, either with or without remuneration, any woman, in any part of such premises in which such liquor or spirit is consumed by the public.
(3.) Relying on the Supreme Court decision in Anuj Garg & Ors. vs. Hotel Association of India & Ors., 2008 3 SCC 1, Mr. Ghosh appearing for the petitioner has submitted that the impugned condition and sub-section (2) of section 25 of the Bengal Excise Act, 1909 that prohibits employment either with or without remuneration of any woman, both are ultra vires the provisions of arts. 14, 15 and 21.;