JAGDEO SAHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE only question in this appeal by the plaintiff-appellant is whether the suit instituted by the plaintiff in the civil court was within the jurisdiction of the civil court or not. THE jurisdiction of the civil court was questioned, inter alia, on the ground that the claim was barred by the provisions of Section 20 of the Coal Mines (Nationalisation) Act, 1973 (hereinafter referred to as the Act). THE trial court upheld the objection to the jurisdiction of the civil court and dismissed the suit.

(2.) THE plaintiff came with the allegation that M/s. Assam Railway and Trading Company Limited was liable to pay a sum of Rs. 23,841 to the plaintiff in respect of an old transaction between the parties before coming into force of the Act, i. e. the claim which arose before the appointed day i. e. 1-5-1973. THE learned trial court took the view that the only remedy to the plaintiff was to file a claim petition under section 20 of the Act which provides that every person having a claim against the owner of the coal mine shall prefer such claim before the Commissioner within thirty days from the specified date. THE Act provides for the manner in which claims against ex-owner of the coal mine will be adjudicated upon by the Commissioner and for the payment of the admitted claim out of the amount credited to the account of a coal mine. It is further provided in section 24 that where such amount is insufficient to meet in full the claims admitted by the Commissioner the claims shall abate in equal proportions and be paid accordingly.

(3.) LEARNED counsel for the respondent has argued that section 20 of the Act provides that every person having a claim against the owner of a coal mine shall prefer such claim before the Commissioner within thirty days from the specified date. It then provides that the Commissioner shall adjudicate upon such claims and then provide for disbursement of the amount of claim admitted by him to the claimants. Apparently a person having a claim against the ex-owner of the mine can approach the Commissioner and get his claim adjudicated upon and get the payment. However, the Act has not shut out the remedy of the claimant by having its claim adjudicated upon by the civil court. There is absolutely nothing in any of the provisions of the Act which impliedly ousts the jurisdiction of the civil court to entertain and adjudicate upon the claims against the owners of the coal mines in respect of the liability incurred before the appointed day.