Court : Supreme Court of India
Reported in : AIR1986SC2123; 1986LabIC1944; (1986)IILLJ139SC; 1986(1)SCALE1300; (1986)3SCC338; [1986]2SCR1044; 1986(2)LC293(SC)
..... 1973 and in that connection he employed the petitioner and 700 workmen. subodhchandra mondal was prevented from working the coal mine in view of the nationalisation of the coal mines under the provisions of the coal mines (nationalisation) act, 1973 (hereinafter referred to as the nationalisation act). after the closure of the coal mine the petitioner and 700 workmen were rendered unemployed and in spite of several representations to the government of west ..... the respondents to declare that natundihi pahariabera colliery has vested in the central government and in the alternative directing the union of india to take over the colliery under the coal mines (nationalisation) act, 1973 and treat the petitioner and other workmen as workmen of the central government and to work the colliery by employing the workmen and to pay them arrears of their .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC124; (1980)4SCC570; [1981]1SCR406
..... day i.e., january 31, 1973. the ordinance was replaced by the coal mines (taking over of management) act, 1973, hereinafter referred to as the 'management act'. thereafter, parliament enacted the coal mines (nationalisation) act, 1973, hereinafter referred to as the 'nationalisation act', providing for the acquisition and transfer of the rights, title and interest of ..... the high court is, accordingly modified by directing the appointment of a commissioner of payments under sub-section (1) of section 17 of the coal mines (nationalisation) act, 1973, who shall proceed to adjudicate upon the disputes between the parties, with advertence to the observations made above.52. in accordance with our ..... , 1973, the central government took over possession of the technical director's bungalow and the guest house.7. on may 30, 1973 the coal mines (nationalisation) act, 1973 was enacted and came into force with retrospective effect from may 1, 1973. on august 30, 1973 the management filed another petition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC2031; (1980)3SCC412; [1980]3SCR586; 1980(12)LC691(SC)
..... we prepared to accept the naive case that the petitioners' employers can be regarded as deemed custodians under section 5. we may read section 5 of the coal mines nationalisation act, 1973.5. power of central government to direct vesting of rights in a government company :-(1) notwithstanding anything contained in sections 3 and 4, the ..... after a prohibitory legislation and an order by this court repelling the challenges to the vires of that act. parliament by the coal mines (nationalisation) amendment act, 1976 (act no. 1xvii of 1976) (for short, the 1976 act) totally prohibited all mining of coal save by instrumentalities, set out in section 3, sub-section(3) which we may excerpt here :( ..... 3) on and from the commencement of section 3 of the coal mines (nationalisation) amendment act, 1976.-(a) no person, other than-(i) the central government or a government company or a corporation owned, managed or controlled by the central .....
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 : 2004(2)BLJR1264; JT2004(5)SC571; 2004(3)SCALE519; (2004)4SCC529
..... of nationalisation act of 1972 whereby and where under the related section on the basis of which the trail court (the asstt. commissioner of payment) passed ..... the account.13. under section 23(10) of the nationalisation act, 1972 the appellant-company preferred an appeal against the order of the assistant commissioner of payment which rejected the claim of the central government in its entirety in misc. appeal no. 29/82.14. the central government enacted the coal mines nationalisation laws (amendment) act, 1986 with retrospective effect from 01.05.1972 in respect .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC560; JT1998(5)SC615; (1998)5SCC512
..... of 'mine' has been noticed by this court in the decision of bharat ..... deemed to be the mines of which the management vested in the central government by virtue of provisions of section 3(2) of the said act. the coal mines (taking over of management) act, 1973 was followed by the coal mines (nationalisation) act, 1973 and the extended definition of mine as indicated in the coal mines (taking over of management) act was retained in section 2(h) of the nationalisation act with modification. the definition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1308; [1980(41)FLR385]; (1980)3SCC353; [1980]3SCR595
..... spare no class of coal, including even coking coal, because coking coal is a species of coal, coal itself being the genus. what is more, there is a definition of 'coal mine' in the coal mines (nationalisation) act, 1973. section 2(b) of the 1973 act defines coal mine to mean 'a mine in which there exists one or more seams of coal'. it is apparent that even a coking coal mine is a coal mine because the definition is ..... broad. it is inarguable that coking coal is not coal. this conclusion is reinforced by looking at the definition of coking coal mine in section 3(c) of the coking coal mines (nationalisation) act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)415; AIR1997SC1599; 1997(1)BLJR569; JT1996(10)SC584; 1996(8)SCALE472; (1997)1SCC177; [1996]Supp8SCR886
..... of the wide definition of 'mine' given in this act.15. the coal mines (taking over of management) act, 1973 was followed by the coal mines (nationalisation) act, 1973. the extended definition of 'mine' that was given under the coal mines (taking over of management) act was retained in section 2(h) of the nationalisation act with some modification.16. the object of the nationalisation act was stated to be-an act to provide for the acquisition and ..... compensation also goes to show that apart from the owners named in the schedule, other persons may have to be compensated. sections 8 of the coal mines (nationalisation) act lays down that the 'owner of every coal mine or group of coal mines specified in the second column of the schedule shall be given by the central government, in cash and in the manner specified in chapter vi .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(5)SC83; 1994(3)SCALE334; (1994)6SCC77; [1994]Supp1SCR639
..... in violation of any of the provisions of the constitution, such power cannot be questioned. sub-section (2) of section 1 of the coal mines nationalisation laws (amendment) act, 1986 clearly and specifically says that the said amendment to the cocking coal mines (nationalisation) act, 1972 shall be deemed to have come into force on the 1st, day of may, 1972. sub-section (2) of section 10 which ..... the government company. in view of the aforesaid sub-section (2) introduced in section 10 of the coking coal mines (nationalisation) act, 1972 and section 10 of the coal mines nationalisation laws (amendment) act, 1972, it shall be deemed that the compensation has been paid even for the stock of coal lying on the date prior to the appointed day.13. on behalf of the petitioner, reference was made .....
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