JOINT DIRECTOR OF MINES SAFETY HYDERABAD REGION HYDERABAD Vs. TANDUR AND NAVANDGI STONE QUARRIES P LIMITED HYDERABAD

JUDGEMENT

(1.) This appeal is from the judgment of our learned brother M. Krishna Rao, J., given in W. P. No. 1579 of 1970 on 3-3-1972 whereby the learned Judge allowed the writ petition and quashed the impugned notice.

(2.) The facts in outline are that the petitioner-Company has a number of mines wherein building stones and limestone are extracted. One of such mines is Kaidgira lime stone mine situated in the District of Hyderabad. The said mine is an open cast quarry. It is engaged in extraction of building stones and lime stones.

(3.) The Joint Director of Mines Safety issued the impugned notice under Section 22 (1) of the Mines Act directing the petitioner-company to appoint a qualified Mines Manager under Section 17 of the Act. The petitioner-company submitted its explanation on 1-4-1970 contending inter alia that the provisions, except those mentioned in Section 3, are not applicable and as a result, the Joint Director cannot ask the petitioner-company to appoint a Manager as Section 17 is not applicable.