Court : Kerala
Reported in : AIR1991Ker162; [1992]75CompCas377(Ker)
..... 123 that there is 'distribution' within the meaning of article 39(b) when the legislative measure is one of nationalisation, and that such a law is eligiblefor, and entitled to the protection under article 31c. the act is therefore saved from any challenge under article 14 and 19 under artilce 31c of the constitution. we are ..... the contention of the petitioners is that by virtue of the declaration made by the parliament in section 2 of the industries regulation act and section 2 of the mines and minerals regulation act, the entire field relating to the industry in question is occupied by these parliamentary legislations under entries 52 and 54 of the ..... which is essential to the needs of the economy of the state, and for matters connected therewith or incidental thereto. preamble.-- whereas the super clays and minerals mining company (private) limited has at present the ownership of, and control over, a significant portion of the china clay produced in the state and marketed and distributed .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR160; (1990)92BOMLR492; (1993)IIILLJ277Bom
..... appointed day. 18. sabyasachi mukarji j. (as he then was) held that the prohibition contained in sub-section (2) of the coal mines (nationalisation) act, 1973, which stated that the central government or the government company shall not be liable for any prior liabilities incurred by the owner, etc. would have ..... government company. 10. we do not see how this decision helps in the interpretation of section 3(7) of the present act. section 9(1) of the coking coal mines (nationalisation) act, 1972 provides generally for the enforcement of liabilities incurred prior to the appointed day against the owner and not against the central ..... and which termination was non est in law, the employees continued to be the employees of coal mills on the appointed day and their rights would be protected under section 14 of the coal mines (nationalisation) act, 1973. the nationalised undertaking in such circumstances cannot contend that the liability of reinstatement has been incurred prior to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC782; [1989]65CompCas1(SC); (1988)1CompLJ225(SC); 1988(36)ELT201(SC); JT1988(1)SC304; 1988(1)SCALE273; (1988)2SCC299; [1988]2SCR962; 1988(2)LC54(SC)
..... narrower than the expression 'in relation to' used in section 3 of the coal-mines (nationalisation) act, 1973. when the coal-mines were nationalised, the sugar undertakings of swadeshi mining were not taken over since these constituted separate undertakings distinct from the coal-mines. he referred to entries 655, 656 and 657 of the schedule to the coal-mines (nationalisation) act, 1973.(4) dr. chitale submitted that the expression 'investment' may belong to a ..... so construed as to enable the government to indirectly acquire altogether different undertakings belonging to a different company.(2) swadeshi mining and manufacturing company limited had also coal-mines. when coal-mines (nationalisation) act, 1973 was passed with reference to sections 3 and 6 thereof, it were the coal-mines belonging to the said company along with the right, title and interest of the owners in relation to the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1988MP181; 1988MPLJ266
..... precedence over unsecured loans of the government and banks.11. the petitioners pointed out that the provisions of coal mines (nationalisation) act, and sick textile undertakings (nationalisation) act are not akin to those of the hind cycles (nationalisation) act and differences in the relevant provisions were highlighted. no two acts can be identical and there are bound to be distinguishing features in each enactment as the object and purpose ..... a distributive process for the good of the community within the meaning of article 39(b). again in sanjeev coke mfg. co. v. bharat coking coal ltd., air 1983 sc239 it has been held that coking coal mines (nationalisation) act is a legislation for giving effect to the policy of the state towards securing the principle specified in article 39(b) of the constitution and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC127; [1984(48)FLR448]; 1984LabIC691; (1984)ILLJ368SC; 1984(1)SCALE539; (1984)3SCC127; [1984]3SCR252; 1984(16)LC500(SC)
..... taken, it is not necessary.51. another item mentioned before us was the employees of coking coal mines (nationalisation) act, 1972. it has to be borne in mind that the object covered by the scheme of the act was entirely different from the general insurance business (nationalisation) act, 1972. the coking coal mines (nationalisation) act, 1972 was enacted to provide for the transfer of the interest of the owners of such ..... matter of dearness allowance and retirement age.20. the petitioners contend that under the sick textile undertakings (nationalisation) act, 1974, the coking coal mines (nationalisation) act, 1972 etc., sepearate companies had been formed on nationalisation. the employees of those companies were entitled to have their service conditions regulated under industrial disputes act, 1947. in the present case, the employees have been deprived of the existing benefits without following .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC326; 1983(2)SCALE541; (1984)1SCC515; [1984]1SCR725; 1984(16)LC1(SC)
..... coke manufacturing co's case (supra) where one of us (reddy, j.) made the following observations :'the next question for consideration is whether the coking coal mines (nationalisation) act is a law directing the policy of the state towards securing 'that the ownership and control of the material resources of the community are so distributed as ..... as to the nature and character of material resources.83. summarising the arguments relating to compensation and the prejudice caused to the operators, and the nationalisation policy contained in the act, the position seems to be as follows :84. in the first place, as indicated above, once article 31c applies, the net of ..... shall by force of such vesting be freed and discharged from any trust, obligation and encumbrances, etc. in other words, the intention of the act was that while nationalising the state transport services the state should not encumber itself with the liabilities that may have been incurred by the bus operators prior to the .....
Tag this Judgment!Court : Kolkata
Reported in : (1984)ILLJ503Cal
..... need for bringing uniformity in service conditions of employees of different insurance companies who have become the employees of the corporation in view of nationalisation. but by the impugned order of 1978, the government purported to exercise power under section 11(2) with regard to the development officers ..... looked after their performance. mr. chatterjee therefore, contends that the development officers being workmen are fully covered by the provisions of industrial disputes act, 1947. accordingly, the settlements and agreements entered between the development officer through the federation and the life insurance corporation cannot be changed by ..... , 1960 are under challenge.2. the petitioners are development officers of life insurance corporation, a statutory corporation created under the life insurance corporation act, 1956. it appears that initially the emoluments and salaries of the development officers were settled by negotiations and agreements between the administration of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC239; 1982(2)SCALE1193; (1983)1SCC147; [1983]1SCR1000
..... in coal mines (not already nationalised under the coking coal mines (nationalisation) act are left out of the coal mines (taking over of management) act and the coal mines (nationalisation) act, 1973. of course, coke oven plants situated away from the mines are not touched by either the coal mines (nationalisation) act, 1973 or the coking coal mines (nationalisation) act, 1972.7. the final result of these statutes is that all coal mines known to exist in the country are nationalised, whether they are coking coal mines or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1858; [1980(41)FLR248]; (1980)4SCC341; [1981]1SCR375; 1980(12)LC863(SC)
..... interest, of the management of 214 coking coal mines and 12 coke oven plants, including the coal mines in question, pending nationalisation of such mines. the ordinance was replaced by the coking coal mines (emergency provisions) act, 1971. thereafter, parliament enacted the coking coal mines (nationalisation) act, 1972 to complete the process of nationalisation of the coking coal mines and coke oven plants. it was entitled as 'an act to provide for the acquisition and transfer of ..... a trust. it seems somewhat illogical that the equitable doctrine of resulting trust should be brought into play in the construction of the provisions of a legislation dealing with nationalisation like the coking coal mines (nationalisation) act, 1972. in barclays bank ltd. v. quistclose investments ltd., the house of lords dealt with a question as to rights of set off following the liquidation of a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1682; (1980)4SCC179; [1980]3SCR1042
..... on may 27, 1976 by the coal mines (nationalisation) amendment act, 67 of 1976. the amendment act consists of five sections by which certain amendments were introduced into the principal act, namely, the coal mines (nationalisation) act, 26, of 1973. the statement of objects and reasons of the nationalisation amendment act reads thus :after the nationalisation of coal mines, a number of persons holding coal mining leases' unauthorisedly started mining of coal in the most reckless and unscientific manner ..... this point the coking coal mines (nationalisation) act of 1972 and the coal mines (nationalisation) act of 1973 cover the whole field of 'coal' which was intended to be nationalised. the titles of the two acts and the various provisions contained therein show that what was being nationalised was three distinct categories of mines : mines containing seams of coking coal exclusively; mines containing seams of coking coal along with seams of other coal; and mines containing seams of other .....
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