Appeal by special leave from the judgment and order dated February 20, 21, 1967 of the Mysore High Court Bangalore in Writ Petition No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
347 of 1965.
M. Tarkunde and D. N. Mishra, for the appellant.
P. Rao, for the respondents.
1695 of 1969.
That petition was heard along with other similar petitions.
The companytentions of the appellant in the writ petition were that the Act is violative of article 14 of the Constitution in that it imposes a flat rate of excise duty on iron are without reference to the actual companytent of iron in the ore and that there was excessive delegation of legislative power in that the power to fix the rate of excise duty was delegated to the government.
The Judgment of the Court was delivered by MATHEW, J. The appellant, who was operating an iron mine within the State of Mysore on the basis of a lease granted by the State, filed a writ petition before the High Court of Mysore challenging the validity of the provisions of the Iron Ore Mines Labour Welfare Cess Act Central Act 58 of 1961 , hereinafter referred to as the Act.
