BIRA KISHORE NAIK Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) By means of this petition under Art. 32 of the Constitution, the petitioner has invoked the jurisdiction of this Court purporting to do so on behalf of 700 workmen claiming relief for issue of a writ of mandamus directing the respondents to declare that Natundihi Pahariabera Colliery has vested in the Central Government and in the alternative directing the Union of India to take over the colliery under the Coal Mines (Nationalisation) Act, 1973 and treat the petitioner and other workmen as workmen of the Central Government and to work the colliery by employing the workmen and to pay them arrears of their wages with effect from April, 1980.

(2.) Subodhchandra Mondal, respondent No. 4 obtained a composite lease for mining coal and fire clay and other minerals for a period of 30 years in respect of an area of 344.44 acres comprising Natundihi Pahariabera Colliery from the Government of West Bengal. According to the petitioner Subodhchandra Mondal after obtaining permission from the authorities commenced the extraction of coal from the mine in 1973 and in that connection he employed the petitioner and 700 workmen. Subodhchandra Mondal was prevented from working the coal mine in view of the nationalisation of the coal mines under the provisions of the Coal Mines (Nationalisation) Act, 1973 (hereinafter referred to as the Nationalisation Act). After the closure of the coal mine the petitioner and 700 workmen were rendered unemployed and in spite of several representations to the Government of West Bengal, the Coal India and the Central Government nothing was done to alleviate their hardship. The petitioner has asserted that they have been thrown out of employment although under sec. 14 of the Nationalisation Act they continue to be the employees of the Central Government and are entitled to their wages. On behalf of Coal India respondent No. 2 a Government company, counter-affidavit has been filed disputing the petitioner's claim. It is asserted that although Subodhchandra Mondal had obtained lease for extracting coal in the Natundihi Palariabera in the State of West Bengal but he never extracted coal and there was no coal mine in existence either on the enforcement of the Coal Mines (Taking Over of Management) Act 1973 or on the date when the Nationalisation Act came into force. It is averred that in March, 1978 the Director General of Mines received information that Subodhchandra Mondal was indulging in extracting coal illegally, action was taken against him. After the enforcement of the Coal Mines Nationalisation (Amendment) Act 1976 all mine leases including that of Subodhchandra Mondal stood terminated with effect from 29th April, 1976 and thereafter Subodhchandra Mondal was not entitled to carry on any coal mine. It is further asserted that since on the appointed day no coal mine existed, there was no question of taking over of the mine either under the Management Act or under the Nationalisation Act. Petitioner and other workmen who may have been employed by Subodhchandra Mondal have no right to be the employees of the Central Government or of the Government Company.

(3.) The Coal Mines (Taking Over of Management) Act, 1973 was enacted to provide for the taking over of the Management of coal mines, "pending nationalisation of such mines with a view to ensuring rational and co-ordinated development of coal production and for promoting optimum utilisation of the coal resources consistent with the growing requirements of the country, and for matters connected therewith or incidental thereto." Section 2(b) of the Act defines a coal mine to mean "a mine in which there exist one or more seams of coal." Section 3(1) provides that on and from the appointed day (i.e. January 31, 1973) the management of all coal mines shall vest in the Central Government. Section 3(2) provides that the management of coal mines specified in the Schedule shall be deemed to vest in the Central Government. Proviso to Section 3(2) lays down that if after the appointed day, the existence of any other coal mine comes to the knowledge of the Central Government, it shall by a notified Order make a declaration about the existence of such mine, whereupon the management of such coal mine shall vest in the Central Government and the provisions of the Act would apply to it. Section 3(5) of the Act provides that if any coal mine is not included in the Schedule, every person incharge of a coal mine shall within 30 days from the enforcement of the Act intimate to the Central Government the name and location of such mine giving the names and addresses of the owner thereof. Section 6 empowers the Central Government to appoint Custodians for the purpose of taking over of the management. Section 7 provides for payment of cash amount as compensation. for vesting of management. Section 16 vests power in the Custodians to terminate contract of employment entered into by the owner or agent of the coal. mine, any time before the appointed day by giving one month's notice to the employees concerned or by giving one month's salary in lieu thereof. The Coal Mines (Nationalisation) Act (Act No. 26) of 1973 was enacted by the Parliament to provide for the acquisition and transfer of the right, title and interest of the owners of the coal mines specified in the Schedule. Section 2(b) to the Nationalisation Act defines a coal mine in the same way as the corresponding provision of the Management Act. Section 3(1) provides that on the appointed day i.e. May 1, 1973 the right, title and interest of the owners in relation to the coal mines specified in the Schedule to the Act shall stand transferred to, and vest absolutely in the Central Government free from all incumbrances. The Schedule to the Act specified the names of coal mines which stood vested in the Central Government. Section 3(2) provides that if after the appointed day existence of any other coal mine comes to the knowledge of the Central Government, the provisions of Coal Mines (Taking Over of Management) Act, 1973 shall apply to such mines until that mine is nationalised by an appropriate legislation. Section 3(3) as amended by the Coal Mines Nationalisation (Amendment) Act, 1976 provides that on and from the commencement of the Amendment Act (i.e. 29th April, 1976) no person, other than -