SACHIDA NAND PRASAD Vs. UNION OF INDIA AND OTHERS
LAWS(CAL)-1979-6-32
HIGH COURT OF CALCUTTA
Decided on June 08,1979

SACHIDA NAND PRASAD Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) The petitioner in this Rule since about May 1, 1970 was promoted to the rank of Agent of Mourpa Colliery and continued to retain the rank till the management of the coal mines vested in the Central Government with effect from January 31, 1973 under the provisions of the Coal Mines (Taking Over of Management) Act, 1973. The petitioner continued in his said office, according to him with credit and his service was appreciated by the Custodian. The Coal Mines were nationalised under the provisions of the Coal Mines (Nationalisation) Act, 1973 with effect from May 1, 1973 and the right, title and interest of the owners of the Coal mines specified in the schedule including Mourpa Colliery vested free from encumbrances in the Central Government. By reason of appropriate notification as provided in the Act, the said coal mines specified therein and nationalised as aforesaid, instead of continuing to vest in the Central Government, became vested in Coal Mines Authority Ltd. a Government Company, subsequently renamed as Coal India Ltd. By notification the Mourpa Colliery vested in the Coal Mines Authority Ltd. renamed Coal India Ltd.
(2.) Sub-sec. (1) of S. 14 provides that every workman who has been immediately before the appointed day an employee of a coal mine shall become as employee of the Central Government or of the Government Company in which the mine had vested from the said date and continue to do so on same terms and conditions until his employment is duly terminated or his remuneration and terms and conditions of employment are duly altered by the Central Government or the Government Company as the case may be.
(3.) Sub-sec. (2) of S. 14 provides that the Central Government or the Government Company may employ on mutually acceptable terms and conditions any person who not being a workman, has been in the employment of a vested coal mine and on such employment such person shall become an employee of the Central Government or the Government Company as the case may be. Sub-sec. (3) provides that save as otherwise provided in sub-secs. (1) and (2), the service of every person in the employment of the owner or occupier of a coal mine shall terminate from the specified date which was notified as August 1, 1973.;


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