PURUSHOTTAMPUR COLLIERY PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has been filed making a prayer for quashing the order dated 15-12-1987 passed by respondent No. 2 (Additional District Judge, VIIth, Dhanbad) in Misc. Appeal No. 100 of 1978 arising out of an order dated 11-7-1978 passed by the Assistant Commissioner of Payments, Respondent No. 3, in Claim Case No. DHB 1126 of 1976. By the aforesaid order dated 15-12-1987 (Annexure 5) the learned Additional District Judge, VIIth, Dhanbad, allowed the appeal of respondent No. 1 - Union of India and set aside the order dated 11-7-1978 passed by the Assistant Commissioner of Payments.

(2.) The claim case before the Commissioner arose out of claim raised by the claimant - Union of India for a sum of Rs. 3,18,618.45 paise which has subsequently amended on the basis of the audit report as Rs. 3,92,696.00 against the petitioners.

(3.) The case of the claimant-Respondent, in brief, is that under Section 3 of the Coal Mines (Taking over of Management) Act, 1973, the management of the coal mines vested in the Central Government with effect from 31-1-1973 and the colliery was managed till 30-4-1973. Thereafter Coal Mines (Nationalisation) Act, 1973 came into force from Ist May, 1973, and pursuant thereto the Colliery was vested in the Central Government. Under Section 25 of the said Act, right has been given to the Central Government to recover the amounts advanced by it for management of the coal mines. The claimant also claimed priority under the provision of Section 22(2) of the said Act of 1973 for the money advanced. In support of the claim, statement of accounts was filed by the claimant. However, pursuant to the order passed by the Commissioner of Payments the statement of accounts submitted by the Bharat Cooking Coal Ltd was audited by the Auditor under the provisions of Section 19(6) of the said Act. As stated above, after the statement was audited, the claimant-respondent increased the claim from Rs. 3,18,618.45 paise to Rs. 3,92,696.98 paise by filing a petition to that effect. It further appears that initially the claimant filed two cases, one on behalf of the Union of India and another on behalf of the Bharat Cooking Coal Ltd., but by the order of the Commissioner the claim of the Bharat Cooking Coal Ltd., was rejected being duplicate and the claim made by the claimant - Union of India was entertained.