Decided on May 10,1976



- (1.)THIS appeal is directed against the judgment and order dated February 5, 1975, made in Civil rule No. 355 (W) of 1975, by Chittatosh mookerjee J. , whereby his Lordship was pleased to make the Rule, obtained by Respondent No. 1 herein (hereinafter referred to as the petitioner), absolute.
(2.)IN the Rule, the petitioner has contended that on or about August 3, 1944, he was appointed as a clerk in the Union Angarpathra Colliery (hereinafter referred to as the said Colliery), under the Union Coal Company Ltd, respondent No. 5 herein (hereinafter referred to as the said Company ). The said Colliery has been alleged to be a Coking Coal Mine and the said company at all material times was under the common management with khas Junagore Colliery Company (P)Ltd. Central Junagore Coal Company (P) Ltd. , New Heanagore Coal Company and the New Manbhoom Coal company Ltd. He has further alleged that since such appointment, he duly served the said Colliery and ultimately in September 1957 he was made the supervisor on promotion. He has also alleged that while discharging his duties as such, in or about August 1970, he was transferred to the Head Office of the said Colliery at Calcutta as an Accounts Clerk. The petitioner has further stated at all material times he was a contributory to the Coal Mines Provident Fund and such contribution used to be sent to the authorities concerned under the Coal Mines Provident Fund act and the scheme framed there under. In support of such statements, the petitioner has also duly pleaded the relevant facts in the petition, apart from referring to the necessary evidence. The petitioner has further alleged that his pay and allowances on such transfer was fixed at Rs. 425/-The transfer order which is at Annexure 'a' of the petition and would be of relevant consideration shows that on such transfer, the petitioner was required to deal with all matters of the said Company and even after his transfer he continued to be in the employment of the said Colliery, and furthermore, the raising of coal therein and other matters required for the management and running of the same were controlled by the said Company's Head office at Calcutta i. e. from the office where he was transferred. He in short has alleged that direction, control and supervision of the said Colliery was with the said Head Office.
(3.)ON October 16, 1971, Coking coal Mines (Emergency Provision) Ordinance, 1971 was promulgated by the president of India, for taking over management of all Coking Coal Mines pending Nationalisation on and from october 17, 1971 which incidentally has been termed as the "appointed day'' from the said appointed day, the management of Coking Coal Mines vested in the Central Government. Subsequently, by Coking Coal Mines (Emergency Provision) Act, 1971 (hereinafter referred to as the said Act)the provisions of the Ordinance as referred to hereinbefore were substantially re-enacted by the Parliament. The provisions of the said Act, which were more or less the same as those of the ordinance as mentioned hereinbefore came into force on December 23, 1971 and the 'appointed day' as mentioned hereinbefore remained the same. Thereafter, on or about January 12, 1972 bharat Coking Coal Ltd. , the appellants herein, a Government Company, were appointed as the Custodian of the said Colliery. Then came the parliamentary Legislation of Coking coal Mines (Nationalisation) Act, 1972 on August 17, 1972 (hereinafter referred to as the 1972 Act), making provisions for the acquisition and transfer of the right, title and interest of the coking Coal Mines as specified in the first Schedule of the Act. Under the said 1972 Act, the appointed day was fixed as May 1, 1972.

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