THE CHAIRMAN OF THE BANKURA MUNICIPALITY versus LALJI RAJA AND SONS.

Citation: [1960] 3 S.C.R. 358 · Decided: 23-03-1960 · Supreme Court of India · Bench: K.C. DAS GUPTA · Disposal: Dismissed

Judgment (excerpt)

358 
SUPREME COURT REPORTS 
[1960) 
z96o 
we are not prepared to hold that the expression 
"workmen concerned in such dispute" can be limited 
M/s. New India 
Motors (P) Ltd. only to such of the workmen who are directly con-
v. 
cerned with the dispute in question. In our opinion, 
R. T. Morris 
that expression includes all workmen on whose behalf 
. 
-
the dispute has been raised as well as those who would 
Ga;endrngadkar f. be bound by the award which may be made in the 
March 23. 
said dispute. 
It appears that the construction of the relevant 
clause had given rise to a divergence of opinion in 
industrial courts, but it may be stated that on the 
whole the consensus of opinion appears to be in favour 
of the construction which we are putting on the said 
clause. In Eastern Plywood Manufaeturing Co. Ltd. v. 
Eastern Plywood Manufacturing Workers' Union (1 ) the 
appellate tribunal has referred to the said conflict of 
views and has held that the narrow construction of 
the clause is not justified. The High Court of Madras 
appears to have taken the same view (Vide: N ewtone 
Studios.Ltd. v. Ethirajulu (T.R.) (')).On the other hand, 
in The New Jehangir Vakil Mills Ltd., Bhavnagar v. 
N. L. Vyas & Ors.('), the Bombay High Court has 
adopted the narrow construction ; but for reasons 
which we have already explained we must hold that 
the Bombay view is not justified on a fair and reason-
able construction of the relevant clause. 
In the result the appeal fails and is dismissed with 
costs. 
Appeal dismissed. 
THE CHAIRMAN OF THE BANKURA 
MUNICIPALITY 
v. 
LALJI RAJA AND SONS. 
( K. C. DAs GUPTA and J. C. SHAH, JJ.) 
Municipality-Unwholesome food-Seized 11nder warrant-If can 
be directed to be destroyed-Bengal Municipal Act, r932(Ben. Act. XV 
of.r932), ss. 430, 43r(2). 
The respondents were the owners of an oil seed pressing 
factory situated within the limit of a·municipality. 
They used 
to import mustard seeds from different areas and they also held a 
(1) (1952) L.A.C. rn3. 
(2) (1958) I L.L.J. 63. 
(3) A.I.R. 1959 Born. 248· 
.. 
< 
3 S.C.R. SUPREME COURT REPORTS 
359 
licence for selling mustard seed. 
On a report of the Sanitary 
r960 
Inspector of the Municipality, the Sub-Divisional Officer issued a 
search warrant directing seizure of a large quantity of " rotten Chairman of the 
and decomposed mustard seed " from the possession of the res-
Bankura 
pondents. The Chairman of the Municipality applied, to the 
MunicipalftY 
District Magistrate for action under s. 43r and s. 432 of the 
v, 
Bengal Municipal Act. 
The proceedings started on the petition Lalji Raja & Sons • 
of the Chairman of the Municipality had a chequered career. 
Ultimately the District Magistrate found that the mustard seed 
was unwholesome and unfit for human consumption on the date 
of seizure and directed, in exercise of the powers under s. 43r(2) 
of the Act, that the same be made over to the Commissioners of 
the Municipality for disposal either as manure or as cattle feed. 
The High Court in revision set aside the order of the District 
Magistrate holding that s. 43r of the Act under which the order 
was made did not apply to a case of seizure of unwholesome food 
under a warrant issued under s. 430. 
On appeal by the Munici-
pality by special leave: 
Held, that the powers under s. 431(2) of the Bengal Munici-
pal Act (XV of r932), were expressly directed to be exercised by 
the Magistrate in respect of articles seized under s. 428, and 
there was nothing in s. 43r(2) which might justify the view that 
those powers could also be exercised in respect of articles seized 
under a warrant issued under s. 430. 
CRIMINAL APPELLATE JURISDICTION: 
Criminal 
Appeal No. 119 of 57. 
Appeal by special leave from the judgment and 
order dated the 24th August, 1955, of the Calcutta 
High Court in Criminal Revision No. 596 of 1955. 
0. B. Agarwala and Sukumar Ghose, for the 
appellant. 
B. Sen and S.N. Mukherjee, for the respondents. 
1960. March 23. The Judgment of the Court was 
delivered by 
SHAH, J.-M/s. Lalji Raja & Sons-who will herein-
Shah J. 
after be referred to as the respondents-are the owners 
of an oil seed pressing factory known as the Gouranga 
Oil Mill situated within the limits of the Bankura 
Municipality in the State of West Bengal. For extract-
ing oil, the respondents import mustard seed from 
different areas. The respondents also hold a license 
for the sale of mustard seed. 
On the application of the Sanitary Inspector of 

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