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TMI Blog1974 (9) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... er, provide for regulating or prohibiting the production, manufacture, supply and distribution, use and consumption of articles or things and trade and commerce therein or for preventing any corrupt practice or abuse of authority in respect of any such matter . The impugned notification is as follows:- No. 19768/E2/73/ID Dated Trivandrum, 26th July, 1973.S.R.O. No. 474/73:- Whereas use of machinery for the extraction of fibre from coconut husk increased considerably in the districts of Trivandrum, Quilon and Alleppey in recent times; And whereas mechanisation in the production of such fibre results in very high consumption of coconut husks and the consequent enhancement of the price of such husks; And whereas duo to the very high consumption of coconut husks for the production of fibre by using machinery and L251 Sup CI/75 the enhancement of the price of such husks, sufficient quantity of such husks are not available at fair prices in the said districts for use in the traditional sector; And whereas the Government are of opinion that for securing the equitable distribution and availability at. fair prices of coconut husks in the said districts for production of fibre i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aterials or to any relevant considerations in the exercise of the drastic power vested in the authority under Rule 114(2) of the Rules. The High Court held that the appellants did not establish by material that the opinion formed by the State Government could not stand. There is no principle or authority in support of the view that whenever a public authority is invested with power to make an order which prejudicially affects the rights of an individual whatever may be the nature of the power exercised, whatever may be the procedure prescribed and whatever may be the nature of the authority conferred, the proceedings of the public authority must be regulated by the analogy of rules governing judicial determination of disputed questions (See Sadhu Singh v. Delhi Administration)( [1966] 1 S.C.R. 243.). Where powers are conferred on public authorities to exercise the same when they are satisfied or when it appears to term or when in their opinion a certain state of affairs exists; or when powers enable public authorities to take such action as they think fit in relation to a subject matter, the Courts will not readily defer to the conclusiveness of' an executive a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on on the material before him. It is appropriate to refer to the Report of the Committee appointed by the State Government to hold enquiries and advise the Government in respect of revision of minimum wages fixed for employment in Coir Industry. The Committee was constituted in the year 1969. The Committee gave its final report on 25 January, 1971. The Report is published by the Government of Kerala in 1971. The findings of the Committee are these. With the help of high powered machines, fibre from husks on 1,000 coconuts could be extracted in 25 to 30 minutes. 10 workers would be required for effective attending to that work. 10 workers in 8 hours on an average could defibre husks of about 12000 coconuts. 30 workers would be required to remove the skins of the retted husks. In the usual course, 120 workers would have to be employed for beating husks of 12000 coconuts by hand. In short, by the introduction of a single high powered machine, 80 persons would lose their employment. The Committee felt that under the circumstances when employment is acute especially in that State, it is not practicable to encourage mechanisation for fibre production till alternative so of employment is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should be such that none should be thrown out of employment, and for those who are displaced, alternative work is to be found in the general development that is envisaged in the all round development plan which should think of not only the coir industry but also the other industries and avocations possible to be introduced in an area. It is in evidence that mechanisation progressed at a fairly high rate in the three districts of Trivandrum, Quilon and Alleppey. Out of 414 mechanised units in the whole of the Kerala State consisting of 11 districts, 283 are in these three districts alone. There, is a heavy concentration of mechanised units in the three districts. The figure given is that only 10 workers are required for defibring husks of 12000 coconuts a working day of 8 hours by the use of machines as against 120 workers by the process known as hand-method. The mechanical work is done quickly to consume coconut husks in very large quantities. There has been large scale unemployment of labour engaged in the traditional method and there is serious unrest in the area. The State Government found in the context and background of the Reports and materials that the use of machinery fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loyed in the various process of coir industry like getting, hand-spinning, spindle spinning and manufacture of coir mats and matting and that about 10 lakhs of people depend upon this industry for their sustenance. Mechanisation in Coir Industry has been taking place in different parts of the State. The non-mechanised sector of this industry is so labour-intensive that mechanisation of fibre production is strongly opposed by workers because mechanisation results in very high consumption of coconut husks by the mechanised units and the consequent enhancement of price of husks and the non-availability of sufficient quantity of husks at fair price for use in the traditional sector, viz., hand beating of husks. There have been serious tensions including law and order situations. Because of the very high consumption of coconut husks for the production of fibre by using machinery and the enhancement of the price of such husks, sufficient quantity of such husks are not available at fair prices in the Districts of Trivandrum, Quilon and Alleppey for use in the traditional sector. Therefore for securing the equit able distribution and availability at fair prices of coconut husks in the said ..... X X X X Extracts X X X X X X X X Extracts X X X X
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