Law:

Section:

West Pakistan Weights and Measures Ordinance (XXXIII of 1965) S. 38 read with West Pakistan Weights and Measures Rules, 1967, r. 156(4)-Classification of dealers of live poultry for purpose of trade under Ordinance-Held, not undesirable and discriminatory-Provi sion of r. 156(4) not in excess of powers conferred upon Government under Ordinance.                                                                                                                                             ORDER ABDUL KADIR SHEIKH, C. J.---The two petitioners claim to be respectively the President and the General Secretary of the Poultry Workers Welfare Association, Karachi. They have challenged the vires of sub-rule (4) of rule 156 of the West Pakistan Weights and Measures Rules, 1967 by which it .has been provided that "no weighing instrument other than beam-scale of B Class or C Class or Counter Scales shall be used for weighing poultry and no instrument shall be verified, re-verified or stamped by the Inspector for the said purpose". It is submitted by Mr. Abdul Aziz Shaikh, learned counsel for the petitioners, that the ban imposed on the use of scales of particular type, and no other on the poultry trade is arbitrary, and amounts to illegal discrimination and thus infringes the fundamental right of equality before law which has been guaranteed by the Constitution. It is further submitted that the provision of the new sub-rules is beyond the scope of the rule-making power, and it is, therefore, an exercise in excess of law-making authority. In order to appreciate the submissions made, it is firstly necessary to refer to rule-making power conferred upon the Government under the -Statute. The relevant provision is made in section 38 of the West Pakistan Weights and Measures Ordinance, 1965, which is to the following effect ;-----…