- (1.) All the aforesaid three M.J.C. cases were heard together and are being decided by this common order as the opposite parties in all the three cases as well as the points involved therein are exactly the same and the order said to have been violated in all the three cases is the same common order by which three writ petitions were decided. The aforesaid M.J.C. cases were filed by the petitioners for a common object for getting proceeding of contempt initiated against opposite party nos. 1 to 3, namely the Chairman of Coal India Limited, Kolkata, the Chairman-cum-Managing Director of Bharat Coking Coal Limited, Jharkhand and the Chief General Manager (S & M), Bharat Coking Coal Limited, Dhanbad for punishing them due to disobedience and contempt of common order of this court dated 12.7.2011 by which all the writ petitions filed by the petitioners bearing CWJC No. 4460 of 2011, CWJC No. 6754 of 2011 and CWJC No. 7436 of 2011 were allowed in the following manner:-- Considering the entire facts and circumstances of these cases as well as the materials on record and the documents of the parties, these writ petitions are allowed. The impugned order of the Bharat Coking Coal Limited dated 9.11.2010 is quashed. However, the respondents Bharat Coking Coal Limited and its authorities will be at liberty to pass fresh orders in accordance with law as well as in accordance with the decision of the Supreme Court after giving liberty to the petitioners to place their cases and documents. Petitioners are directed to submit their reply before the Chief General Manager (S & M) Bharat Coking Coal Limited, Dhanbad (respondent no. 3) within fifteen days from today. If the respondents-authorities require the petitioners to supply any additional paper/reply, they shall intimate the petitioners with respect to the same in writing within two weeks thereafter in response to which the petitioners may submit such additional documents/reply within fifteen days thereafter. The respondent concern, namely respondent no. 3, the Chief General Manager (S & M), Bharat Coking Coal Limited, Dhanbad shall pass a reasoned and speaking order in accordance with law especially the law settled by the Supreme Court after considering the replies and materials produced by the petitioners within ten weeks of the completion of pleadings.
(2.) The aforesaid three writ petitions were filed by three petitioners against order dated 9.11.2010 by which the authorities of the Bharat Coking Coal Limited terminated their Fuel Supply Agreement (FSA) dated 30.6.2008 with reference to Clause 4.4 of the said agreement. The petitioners had also sought striking down of Clause 4.4 of FSA dated 30.6.2008 claiming that it was hit by Article 14 of the Constitution of India read with Section 23 of the Contract Act because it restrained the petitioners from exercising lawful trade or business.
(3.) The petitioners' units were registered under the Bihar Finance Act, 1981 and were allocated certain quantity of ROM Coal per month from BCCL on ad-hoc basis for a period of six months and the time was extended from time to time on verification. However by letter dated 8.6.2010, the respondent-Chief General Manager of Bharat Coking Coal Limited requested the General Manager, District Industries Centre, Rohtas to issue utilization certificate with reference to petitioners' units and also issued notices to the petitioners for producing documents.;