ALTAMAS KABIR, J. - (1.) This appeal at the instance of the Indian Iron and Steel Co. Ltd., a Public Sector Undertaking, raises a short but interesting question as to whether having regard to the provisions of Arts. 14 and 19(1)(g) of the Constitution of India, the appellant Company could regulate the distribution of "Breeze Coke" amongst a select group of users of the said commodity, to the exclusion of the writ petitioners respondents who claim to be licensed dealers thereof.
(2.) The case made out in the writ petition is that barring the writ petitioner No. 176, which is an Association, the other writ petitioners are licensed dealers and distributors of Breeze Coke and have been carrying on business of supplying Breeze Coke for domestic use for a long time, under the direction and control of the Director of Consumer Goods, Government of West Bengal. The writ petitioners respondents have claimed that the State Government had always included Breeze Coke, which is an essential commodity, within the ambit of the West Bengal Soft Coke Licensing Order, 1965, hereinafter referred to as the "Licensing Order", and had issued licences under the said Order for effective distribution of Breeze Coke among the general public. According to the writ petitioners respondents, upon their application to the Director of Consumer Goods, West Bengal, and pursuant to his directions, the railway authorities allotted wagons in their favour for lifting the Breeze Coke supplied to them by the appellant Company on the sponsorship of the said Director of Consumer Goods.
(3.) It is also the case of the writ petitioners that from 1987 the supply of Breeze Coke to them by the appellant Company was gradually reduced, despite various representations made on their behalf by the Central Co-ordination Committee of Associations of Railway Plotees-cum-Soft Coke Licencees of Calcutta Railway Sidings, the writ petitioner No. 176, and letters addressed to the Chairman of the appellant Company by the Secretary, Department of Food and Supplies, government of West Bengal. Ultimately, by its letter dated 26/11/1990, the appellant Company informed the writ petitioner No. 176 that in view of the change in the pattern of demand, a decision had been taken to supply Breeze Coke to industries, that is, actual users, on a priority basis, and to discontinue supply to depot-holders. The said letter is as follows :- "THE INDIAN IRON and STEEL CO. LTD (A Subsidiary of Steel Authority of India Ltd.) (SALES DEPARTMENT) Registered Office :- IISCO HOUSE, 58 Chowringhee Road, Calcutta - 700 071. IIs/F/32-CK/55 25/11/1990 The General Secretary, Central Co-ordination Committee of Associations of Railways Plotees-cum-Soft-Coke Licencees of Calcutta Railway Siding 28/3, Omdaraja Lane, Calcutta-700 015. Dear Sir, Supply of Breeze Coke. This has reference to your letter dated 30-10-1990 and the discussion your representatives had with the undersigned. Contrary to the erstwhile pattern of demand when by and large except a few Small Industries in West Bengal and U.P. bulk requirements excavated from depot holders the position has undergone radical change in recent times. Based certain decisions to give priority to industries i.e., actual users and as per current policy we regret we are unable at the moment to offer to depot holders. We trust that in that context of the position explained in the foregoing you will appreciate the position. We have apprised Secretary, Commerce and Industries and Secretary, Food and Civil Supplies of the above background and have comprehensively explained as to why we are no longer in a position to accommodate depot holders. Yours faithfully, For THE INDIAN IRON and STEEL CO. LIMITED Sd/- A. N. Ganguly, DY. GENERAL MANAGER (S).;