S.N.VARIAVA, J. - (1.) THIS Appeal is against the judgment of the Calcutta High Court dated 20th March, 1998.
(2.) BRIEFLY stated the facts are as follows : In pursuance of the power under Section 3 of the Essential Commodities Act, 1955 the Colliery Control Order was framed. Under Clause 12-A of the Colliery Control Order the Central Government could by Notification specify the authorities competent to allot quota of coal to any person or class of persons. Clause 12-A further provides that every such authority shall allot coal subject to such instructions as the Central Government may issue from time to time. On 25th June, 1992 the Central Government issued a Notification specifying the Coal Controller as the competent authority to allot coal. On 5th January, 1995 a Circular was issued by the Central Government specifying that Coal India Ltd. would give coal clearances/linkages to the new applicants up to 5,000 tons per month and applications for more than 5,000 tons per month were to be decided by the Ministry of Coal. This Circular also specified that no allocation of coal could be made to private cookeries from any mines that are linked to washeries. It appears that the respondents had made applications for allotment of coal and had also applied for linkages. As their applications were not decided they filed writ petitions which were disposed of by an Order dated 25th September, 1995. The Coal Controller was directed to consider the representations of the respondents within 6 weeks. On 8th January, 1996 the Joint Secretary (Coal), New Delhi sent a fax message to the Coal Collector setting out that the Order of the High Court had not been complied with. It was pointed out that the Coal Controller was not vested with the power to give linkages, but that he could allot quota of coal. The Coal Controller was requested to intimate the latest position.
(3.) THEREAFTER on 23rd April, 1996 a Circular was issued by the then Director, Ministry of Coal, wherein it was specified that all grades of coal which were governed by notified prices should only be allotted to power sector. It was specified that other consumers of coal had to be given coals of grades for which the prices have been decontrolled. This Circular also withdraw allotment of coal of D grade and below to small scale industries and Vriquetting units. On 21st June, 1996 the Coal Controller passed the following Order : "Having heard at length to all the present parties and gone through this Office Order dated 17th October, '95 and 27th November, '95 as well as Ministry of Coal, Government of India's directive vide Ministry of Coal Letter No. 23028/18/95-CPD, dated 9th November, '95 in the matter in pursuance of the Order of the Hon'ble High Court at Calcutta and the Inspection Report submitted by Coal India Ltd., vide their Letter No. CIL/C4B/ 48912/599-601, dated 30-3-96/3-4-96 in respect of all the petitioner Units, I, in exercise of the provision under Clause 12-A of the Colliery Control Order, 1945, do hereby grant linkage/quota of coal in quantities of 500 M.T. D, E and F Grade Steam/ROM Coal per month (6000 M.T. per annum) from the sources of Northern Coalfields Limited and 480 M.T.D. E and F Grade Steam/ROM Coal per month (5,760 M.T. per annum) from the sources of Eastern Coalfields Limited by road/rail from the date of issuance of this Order with the details noted below : Name of the Petitioner Tiny/ SSI Units situated in the Distt. of Gurgaon (Haryana) Allocation of Quota of coal per month in quantity and grade of Quantity per annum with grade Source with mode of transportation JUDGEMENT_2025_AIR(SCW)_2004Html1.htm Quota of the coal shall be despatched by Northern Coalfields Ltd./Eastern Coalfields Ltd. to the above-noted Tiny/SSI Units either by roadrail as per the convenience of the Units." On 30th July, 1996 the Joint Secretary, Ministry of Coal issued an Order that the Coal Controller was not authorized to grant any long term linkages and that allotment of coal by the Coal Controller had to be subject to such instructions that the Central Government may issue from time to time. It was held that the above-mentioned Ordgr of the Coal Controller being contrary to the instructions issued by the Central Government no action was to be taken to supply coal as per that order till a final decision was taken by the Central Government.;