CHAIRMAN-CUM-MANAGING DIRECTOR Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) In this writ petition the petitioner challenges the order dated 2.5.1980 passed by respondent no. 2 as contained in Annexure -4 to the writ petition. By reason of the said order, respondent no. 2 has held that the petitioner is an employee within the meaning of the provisions of the Bihar Shops and Establishments Act; 1953. It is an admitted case that the respondent no. 3 was employed in Associated Karanpura Colliery. It is also admitted that the said Associated Karanpura Colliery is a coal mine. It is also admitted that at the time when the order of dismissal was passed, the complainant was working as "wagon loader."

(2.) Bihar Shops and Establishments Act, 1953 applies to shops and establishments as defined in the Bihar Shops and Establishments Act (hereinafter to be referred to as the said Act). Sec. 4 thereof, however, carves out an exception and provides that the provisions of the said Act would not apply to any precinct or premises of a mine as defined in clause (j) of Sec. 2 of the Mines Act. There is no doubt that wagon loading is a part of the mining operation. It is also not in dispute that, as a matter of fact, the Central Government in exercise of its power conferred upon it under Sec. 10 (1) of the Contract Labour (Regulation & Abolition) Act, 1970 has issued a notification dated 1.2.1975 whereby and whereunder loading and unloading of coal has been prohibited in a coal mine. Therefore, it can safely be concluded that loading and unloading of coal comes within the purview of the mining operation of the job of a wagon loader as performed within the precincts or premises of a mine; the said Act will have no application in such cases.

(3.) In view of the provisions of Sec. 2 (j) of the Mines Act also if the loading or unloading operation is to be carried out within the precincts or premises of a mine, the same comes within the purview of the definition of a mine.