- (1.) THE petitioner by way of the present writ petition has challenged the constitutional validity of the Punjab Ice Price Control Act, 1968 (Punjab Act No. 13 of 1968) (hereinafter referred to as the Act) on the ground that the power to fix price of the ice has been conferred on the District Magistrate without giving any guide lines. It is also stated in the petition that the provisions of this Act are illegal, unreasonable and ultra vires of Articles 14 and 19 (1) (g) of the Constitution of India. The petitioner has also challenged the validity of the order, Annexure P. 1, dated 15-5-1984 whereby the District Magistrate, Ludhiana, has fixed the price of the ice. These orders have been challenged on the ground that the price has been fixed by the District Magistrate in an arbitrary manner. There was no material before the District Magistrate to fix the whole sale price and the retail price of the ice and therefore, the order of the District Magistrate is completely outside the scope of Section 3 of the Act. It is also the stand of the petitioner that the order fixing the whole sale price of ice and retail price of ice imposes unreasonable restrictions on the petitioner's fundamental right to carry on business guaranteed by Articles 14 and 19 (1) (g) of the Constitution. In support of his submission, the petitioner in this petition has relied upon the order of the District Magistrate, Jalandhar, Annexure P. 6, whereby he has fixed the whole sale price of ice at the rate of Rs. 55/-per quintal and retail price at 70 Ps per Kg It is argued that there is no substantial difference between the cost manufacture ice at Ludhiana and Jalandhar. The petitioner through his representation Annexure P. 2 brought to the notice of District Magistrate, Ludhiana, the cost of electricity, compressor oil, salt, ammonia gas and the salaries of staff etc. and the' increases made therein from the year 1984 onwards. The relevant facts and figures of the increase are as follows :-" facts AND FIGURES OF THE INCREASE 1. Electrity rates in 1984 -- Rs. 0. 42/- Unit Electricity rates in 1986 -- Rs. 0 69/- unit Electricity rates in 1988 -- Rs. 0. 75/- unit This item is the main raw material and constitute the main expenditure of the factory. Unfortunately, this item has increased immensely. 2. Compressor Oil Drun kind 1984 Rs. 2,400/--do-- 1986 Rs. 3,100/--do-- 1988 Rs. 4,000/ 3. Salt per Quintal in 1984 Rs. 22/--do- 1986 Rs 33/--do- 1988 Rs 35/ 4. Ammonia Gas in 1984 Rs. 6. 50/kg.--do-- 1986 Rs. 10. 00/-Kg.--do-- 1988 Rs. 11/kg. 5. Salaries of skilled, unskilled, technical and clerical staff has increased by sixty per cent (average ). 6. Galvanised iron sheet in 1984 Rs. 8,000/ - per tonne --do-- 1986 Rs. 16,000/- per tonne --do-- 1988 Rs. 18,000/- per tonne
(2.) THE petitioner also submitted representation doted 5-9-1988. Annexure P. 3, to the District Magistrate, Ludhiana, for fixation of the price of the ice. The petitioner also submitted an application dated 24 4-1986, Annexure P. 4 to the District Magistrate Ludhiana for fixation of the price of the ice. He again submitted representation dated 4-5-1989 to the District Magistrate for fixation of price of ice He also brought to his notice, how the cost of material which is being utilised for manufacturing of ice has increased. Ha also placed on record the notifications issued by the District Magistrate, Patiala and Amritsar fixing the whole sale price and the retail price of the ice.
(3.) THE State has filed written statement through Shri S. S. Brar, I. A. S. District Magistrate, Ludhiana. the District Magistrate has supported the validity of the Act as well as the notification fixing the price of the ice. The petitioner filed rejoinder with the permission of this Court in which the stand taken by the District Magistrate has been rebutted.;