No person residing in a village specified in such order shall during the agricultural season engage himself in the manufacture of bidis, and numbermanufacturer shall during the said season employ any person for the manufacture of bidis.
A fresh order for the ensuing agricultural season 8th October to 18th November 1950 was issued on 29th September 1950 in the same terms.
On the 19th June 1950 these two petitions were presented to this Court under article 32 of the Constitution challenging the validity of the order as it prejudicially affected the petitioners right of freedom of occupation and business.
78 and 79 of 1950.
On the 13th June 1950 an order was issued by the Deputy Commissioner of Sagar under the provisions of the Act for bidding all persons residing in certain villages from engag ing in the manufacture of bidis.
During the pendency of the petitions the season mentioned in the order of the 13th June ran out.
Sections 3 and 4 of the Act are in these terms The Deputy Commissioner may by numberification fix a period to be an agricultural season with respect to such villages as may be specified therein.
1 The Deputy Commissioner may, by general order which shall extend to such villages as he may specify, prohibit the manufacture of bidis during the agricultural season.
Application under article 32 of the Constitution of India for a writ of mandamus.
ORIGINAL JURISDICTION Petitions Nos.
The Central Provinces and Berar Regulation of Manufac ture of Bidis Agricultural Purposes Act, LXIV of 1948, was passed on 19th October 1948 and was the law in force in the State at the companymencement of the Constitution.
N. Joshi, for the petitioners.
November 8.
M. Sikri, for the respondent.
The judgment 0 the Court was delivered by MAHAJAN J. These two applications for enforcement of the fundamental right guaranteed under article 19 1 g of the Constitution of India have been made by a proprietor and an employee respectively of a bidi manufacturing companycern of District Sagar State of Madhya Pradesh .
