Krishna Iyer, J. - (1.) The correct interpretation of Section 9 of the Coking Coal Mines Nationalisation Act, 1972, (for short, the Act), read along with Section 17 settles the fate of this appeal by special leave. We may start off by narrating a few admitted facts sufficient to bring out the legal controversy which demands resolution.
(2.) The subject-matter of the appeal is an industrial dispute. The management of the New Dharamaband Colliery dismissed 40 workmen in October, 1969, and an industrial dispute sprung up and reference followed in October, 1970. The Industrial Tribunal held an elaborate enquiry into the dispute and made an award on July 1, 1972.
(3.) In the meanwhile, the Colliery was nationalised with effect from May 1, 1972, as provided for in the Act. The New Dharmaband Colliery vested in the Central Government and thereafter in the Bharat Coking Coal Company Ltd. Apparently by order of the Tribunal dated 24th March, 1972, the successor Company namely, the Bharat Coking Coal Ltd. (the respondent) was impleaded as a party. Thus, with the previous owner of the colliery and the nationalised industry, namely, the Bharat Coking Coal Ltd. on record, the Tribunal made the following award: "The action of the management of New Dharmaband Colliery in dismissing the forty workmen mentioned in the Schedule with effect from the 18th October, 1969 is not justified. The said workmen are to be reinstated with continuity of service by the management for the time being, namely, the Bharat Coking Coal Co. Ltd., and the said company shall be liable to pay their wages and other emoluments with effect from the 1st of May, 1972. ......... the management of the New Dharmaband Colliery and Bharat Coking Coal Co. Ltd. are jointly and severally liable to pay the same to the workmen concerned." The first respondent was made liable for back wages with effect from the date of nationalisation when the right, title and interest in the Colliery vested in it. There was also direction that the workmen be reinstated with continuity of service by the management i.e., the first respondent, for the time being. Aggrieved by both these directions, the Bharat Coking Coal Company successfully invoked the Writ jurisdiction of the High Court, which quashed the award. Thereupon the workmen came up to this Court challenging the soundness of the legal position which appealed to the High Court.;