- (1.) The petitioner in this application have, inter alia, questioned a notification dated 4-2-1994 issued by the Central Government in exercise of its power conferred upon it under Section 24(1) of the Mines Act, 1952 (hereinafter referred to as 'the said Act).
(2.) The fact of the matter lies in a very narrow compass.The petitioner No. 1 is an Association of Officers of Coal Industries and the petitioner No. 2 is the General Secretary of the petitioner No. 1. The other petitioners are Officers of the New Kenda Colliery belonging to Eastern Coal Fields Ltd. An accident occurred in the said New Kenda Colliery as a result whereof 55 lives were lost on 25-1-1994. The impugned notification reads thus :- "Whereas an accident took place on 25th January, 1994 at New Kenda Colliery of Eastern Coal Fields, situate at Burdwan District in the State of West Bengal as result of which there has been loss of lives and properties.And whereas it is the opinion of the Central Government that there must be formal enquiry regarding the causes of the accident and the circumstances relating thereto.Hence, the Central Govt. in exercise of the provision laid down under sub-section (i) of Section 24 of the Mines Act, 1952 do hereby appoint on this day the Hon'ble Shamsuddin Ahmed, Ex-Judge of this Court, resident of 2A, Shamsul Huda Rd., Cal.-700017 to conduct such enquiry and submit a Report within three months. The Central Govt. also appoint the following persons as the assessors to the Enquiry Proceedings :1. Prof. A. K. Ghosh, Director, Indian School of Mines, Dhanbad 926004.2. Shri B. N. Tewary, General Secretary, Colliery Mazdoor Sabha (AITUC), G.T. Rd., Asansol, Dist. Burdwan, W.B.Sd/- R. T. Pandey Deputy Secretary, Govt. of India."
(3.) On 27-5-1994 a publication was made in the Statesman by the said Commission of Enquiry calling upon any person who has knowledge of the said accident or interested in any manner resulting from the said accident to file written-statement.;