- (1.) The petitioner is aggrieved by the order as contained in letter dated 13-7-99 issued under the signature of respondent No. 2, Director General of Mines Safety, Dhanbad whereby the petitioner has been intimated that the power plant installed by it for the supply of electricity to the mines of Central Coalfield Limited and Bharat Coking Coal Limited (in short CCL and BCCL), does not come under the definition of mine and further for a declaration that the power plant installed by the petitioner for supply of electricity exclusively to the mines belonging to the Govt. companies comes within the definition of the term 'name'.
(2.) The petitioner, M/s. DLF power Ltd. entered into an agreement with Coal India Limited for installation of a power plant on the land leased to them by M/s. CCL and BCCL being the subsidiaries of C.I.L. Pursuant to that agreement the petitioner constructed a power plant (safety power station) for supplying electrical power exclusively to the mines of CCL and BCCL. The petitioner, thereafter, sent a letter dated 4-1-99 to the Chief Labour Commissioner, Ministry of Labour, Govt. of India intimating him that his power station will come within the definition of mine. On receipt of the aforesaid letter the Regional Labour Commissioner sought clarification from the Director General of Mines Safety (in short DGMS) vide letter dated 11-5-98 as to whether the power plant established in the mining area of M/s. BCCL and CCL are covered under the Mines Act, 1952. In reply to that letter the DGMS vide his letter dated 13-7-99 informed the Regional Labour Commissioner that the power station established by the petitioner cannot be considered as mine as they are not covered under the Mines Act, 1952.
(3.) Mr. Banerjee, learned counsel appearing on behalf of the petitioner assailed the impugned order as being illegal and contrary to the definition of 'mine'as defined in Section 2(j) of the Mines Act, 1952. According to the learned counsel admittedly the power station was established within the mining area belonging to CCL and BCCL and, therefore, according to the definition of mine the said power station shall also be included within the definition of 'mine'.;