UNION OF INDIA Vs. NORTH TETULMARI COLLIERY COMP

JUDGEMENT

(1.) These two civil revision applications have been referred to Division Bench for decision as to whether the order passed by the appellate authority under Section 23(1) of (The Coking Coal Mines (Nationalisation) Act, 1972 (hereinafter referred to as the Act) is revisable by the High Court under Section 115 of the Code of Civil Procedure.

(2.) As the point of reference is very limited, we need not go into the facts of the case in detail. Suffice is to say that the petitioners of both the cases filed claim cases against the ex-owners opposite parties under Section 23 of the Act before the Assistant Commissioner of Payments. After hearing the parties, the learned Commissioner allowed the claim of the petitioner of civil revision No. 104/92 (R) to some extent with interest. Against the said order the opposite party filed Misc. Appeal No. 159/80 under the provisions of the Act. As the entire claim of the petitioner of C.R. No. 225/92 (R) was disallowed by the learned Commissioner, the petitioner preferred Misc. Appeal No. 29/82 under the provisions of the Act. Whereas the appeal filed by the opposite party of C.R. No. 104/92 (R) was allowed by the appellate court, the appeal filed by the petitioner of C.R. No. 225/92 (R) was dismissed.

(3.) Being aggrieved, the petitioners have moved this Court in the instant revision applications. By order dated 22.3.93 passed in civil revision No. 225/92 (R) a Division Bench directed that this application will be heard on the question of maintainability of the civil revision applications in terms of the provision as contained in Sub-section (1) of Section 23 of the Act. Similarly, Civil Revision No. 104/92 (R) was referred to the Division Bench by order dated 30.8.94 passed by a learned Single Judge of this Court.