DAMODAR MANGALJI AND COMPANY Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) C.A. No. 8890/97.

(2.) In the present case, the mines is situated at Pisurlen and the office of the mine at Sanquelin. The payment of the staff and workers is made through the office at Sanqulin while the mining operations and the incidental work is done at Pisurlen. The Head Office of the establishment is at Panaji.

(3.) In The Ballarpur Collieries Co.'s case (AIR 1966 SC 925) (supra) this Court was concerned with a notification which stated that the Act would come into force on 21-11-1947 "in all industries except the following " and then went on to name four industries, the third one being 'mines'. This Court held that after the word 'following' the word 'industries' must be read and thus read the notification in effect said the Act would come into effect on the given date in all industries except the industries mentioned. Therefore, it was held that it is not only mines but the mining industry itself that was exempted from the operation of the Act. In M/s. Serajuddin and Co.'s case (AIR 1966 SC 921) (supra) the dispute relating to the Head Office of a mining company was referred to the Industrial Tribunal by the West Bengal Government under the Industrial Disputes Act, 1947.