D.P. Kundu, J. - (1.) On 10.7.1972 the petitioner joined the service of Eastern Coalfields Ltd. By reason of enactment of Coalmines (Nationalisation) Act, 1972 the right, title and interest of the Collieries mentioned in the schedule to the said Act were transferred and vested in the Central Government. By appropriate notification issued in exercise of powers under the said Act, the right, title and interest of the owners of the said collieries were transferred to and became vested in Coalmine Authority Ltd. a Government Company which is known as "Coal India Ltd." The respondent No. 2 Eastern Coalfields Ltd., is a subsidiary of Coal India Ltd. and manages various collieries including Badjna Colliery under Mugma Area in the Eastern Region are nationalised by the said Act. The Petitioner joined the service of Eastern Region are nationalised by the said Act. The petitioner joined the service of Eastern Coalfields Ltd. when the same was under the private employer. After nationalisation as aforesaid the petitioner with effect from 1.5.1973 became an employee of Coalmines Authority Ltd., which is a "state" within the meaning of Article 12 of the Constitution of India because the tests collated in the decision of the Constitution Bench of the Honble Supreme Court in Ajay Hasia v. Khalid Mujib Sehravardi, AIR 1981 SC 487 : [1980(3) SLR 467 (SC) ] for determining whether a particular body is an instrumentality of the State are fully satisfied. The Project and Equipment Corporation of India which is a subsidy Owned State Trading Corporation was held by the Honble Supreme Court in A.L. Kalra v. Project and Equipment Corpn. of India Ltd., AIR 1984 SC 1361 : [1984(2) SLR 446 (SC) ] to be an agency of the Government within the meaning of Article 12 of the Constitution of India.
(2.) Clause 9.4.0 of N.C.W.A -- IV provides the provisions of employment to the dependents and Clause 9.4.1. of N.C.W.C. IV lays down that employment would be provided to one dependent of workers disabled permanently and those who met with death while in service.
(3.) The petitioner in paragraph 4 of the writ petition stated that the petitioner executed an Indemnity Bond in the year 1991 in connection with the employment of one Mahesh Kora on the ground of death of his sister Dingle Kora who was working in Badjna Colliery under Mugma area of Eastern Coalfields Ltd.;