Shivangi Prakash-
The Delhi High Court requested the Delhi Government’s answer to a petition questioning Clause 2.4 of the Tender Conditions of its New Excise Policy 2021.
Retail licenses shall not be awarded to any corporation or society owned by any State Government or its undertaking, according to the provision.
Advocate Satya Sabharwal filed the petition on behalf of the Delhi Consumer Cooperative Wholesale Store Karamchari Union.
According to the Union, the aforementioned clause has a serious influence on their employment and wellbeing because their employer, Delhi Consumers’ Co-operative Wholesale Store Ltd., which operates 75 liquor vends in the capital city, will be unqualified to obtain liquor licences under the new policy.
The plea stated, “Any policy depriving livelihood, an integral part of Right to Life guaranteed under Article 21 of the Constitution is arbitrary. Moreover, in these tough times of COVID- 19 when the pandemic comes in waves, livelihood/employment is of essential and may not be deprived”.
It is pointed out that the Delhi government owns a large stake in their employer-company and hence will be ineligible to obtain retail licences under the new policy, affecting 350 people’s lives and families.
Senior Advocate Mamninder Singh argued from the side of the petitioners, “This is Article 21 violation of employees,” he stated.
Senior Advocate AM Singhvi represented the Respondents at the hearing, along with GNCTD attorney Rahul Mehra.
The High Court yesterday issued a notice in response to a petition challenging the decision not to establish government liquor stores for the retail of IMFL/foreign liquor.
That plea states, “Consumers of the liquor are also going to be affected in as much as they are assured about the quality of the liquor when they purchase from the Govt. vends whereas the said assurance shall not be there in case of private vends.”
Singhvi argued, “In the garb of a petition for benefit of employees, it is a proxy litigation” on a pat of the retailers who had failed to obtain relief from as many as 8 benches. “We as lawyers know when employees are strategically pressed into service.
As a result, a Division Bench consisting of Chief Justice DN Patel and Justice Jyoti Singh ordered the State to file its counter affidavit within two weeks and scheduled the case for hearing on August 27.
Read more: Delhi HC permits Liquor Vendor to bid for Licence