- (1.) These appeals by special leave from a judgment of the Delhi High Court, involve interpretation of Sec. 2 (h) of the Coal Mines (Nationalisation) Act, 1973, as amended by the Coal Mines Nationalisation Laws (Amendment) Act, 1978, as well as of sub-section (2) of Section 18 read with sub-sections (3) and (4) of Section 19 of the Act.
(2.) The importance of this case in its legal aspect consists in the question as to whether the Central Government has the power under sub-section (3) of Section 19 of the Act to receive up to the specified date, i. e., June 30, 1975, any money due to a' coal mine notwithstanding that the realisation pertains to a period prior to that date, even though such amounts may not be the "current assets", by reason of Explanation to Section 2 (h) (xii), and to apply such realisations under sub-section (4) thereof to discharge the liabilities of such coal mine which could not be discharged by the appointed day, i. e., May 1, 1973.
(3.) The facts of the case are as follows :- Messrs Shethia Mining and Manufacturing Corporation, Calcutta apparently owned three non-coking coal mines, two in the State of West Bengal viz., New Satgram and New Jamuria coal mines, and one in the State of Maharashtra viz., New Majri coal mine. The concern also owned a workshop called the New Satgram Engineering Works, in short, "Engineering Unit", built on a plot adjacent to the New Satgram coal mine in 1964. Outside the mining area, but adjacent to it, it had constructed a building known as the Technical Director's Bungalow built somewhere in 1957-58. In or about 1960-61, it had constructed another building on the same plot of land, namely, the Guest House used for the residence of officers and staff of the mines.;