BHARAT COKING COAL LTD. Vs. SANTOSH KUMAR SINGH

JUDGEMENT

(1.) M/s Bharat Coking Coal Ltd. and its officers (hereinafter referred to as "the appellants") being aggrieved against the common order passed by a Division Bench of the High Court of Judicature at Patna, Ranchi Bench (as it then was), have filed these appeals. By the impugned order the High Court has partly allowed the writ petitions filed by the respondents. As the writ petitions were clubbed and disposed of by the High Court by passing a common order, we propose to do the same and dispose of the appeals by passing a common order.

(2.) By virtue of the Colliery Control Order framed under the Defence of India Rules, 1911 and continued in force u/s. 16 of the Essential Commodities Act, the appellants were empowered to charge service charges which include cost of transportation and administration charges, on supply of coal from the stockyard.

(3.) The High Court while allowing the writ petition, filed by one Birendra Kumar Sinha (CWJC No. 1336 of 1987), directed the appellants not to realize the service charges from the writ petitioner for supply of coal directly from the colliery. It, however, held that the appellants were entitled to charge service charges in respect of the coal supplied from the stockyard.