Judgment Search Results Home > Cases Phrase: coal mines taking over of management act 1973 Page 4 of about 6,525 results (0.097 seconds)

Eastern Coalfield Ltd. Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... further the tribunal held that section 7 of the coal mines (nationalisation) act, 1973 did not prevent an industrial dispute which had arisen prior to the take over by the government, to be pursued against the new management. ..... 1183 of 1992(r), being employers in relation to the management of barakar engineering and foundry works, dhanbad, to make the following contentions:a) there was a genuine industrial dispute.b) the coal mines (nationalisation) act, 1973 did not prevent vesting of this dispute on the appellant.c) the tripartite settlement had been rightly interpreted by the industrial tribunal.d) the order so passed by the industrial tribunal and affirmed by the hon'ble first ..... it was contended that non- vesting of pre-existing liability of the owner did not include any industrial dispute which was subsisting and further that the industrial dispute in this case had arisen prior to taking over by the mine of the appellant, by reason of non-implementation of the tripartite settlement by the owner.15. ..... thereafter, the coal mines (nationalisation) act 1973 came into force. ..... this obligation continued after taking over of the mine by the appellant who became obliged to re employ the workmen and in lieu thereof to pay of them compensation which is also a plausible view. ..... this company owned a coal mine called burradhemo mines.5. ..... this coal mine became the property of eastern coalfields limited, a government of india company, the appellant herein. .....

Mohinder Pal Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : AIR1995HP15

..... air 1983 sc 239 constitutional validity of coking coal mines (nationalisation) act, 1972 and the coal mines (taking over of management) act. ..... dated january 19, 1990, under section 3 of the punjab resumption of jagirs article 1957 directing the principal chief conservator of forests to take over management and possession of kutlehar jagir forest from the petitioner with the assistance of the collector. ..... therein or the extinguishment or modification of any such rights, or (b) the taking over of the management of any property by the state for a limited period either in the public interest or in order to secure the proper management of the property, or (c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or (d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or (e) ..... it is also recordable that the whole family is engaged in the management of the forest and taking over the management of the forest would, obviously, affect his living adversely for the whole future, making them to depend on the small private property including those retained by the petitioner under the ceiling laws and ..... state of assam, air 1990 sc 123, the tinsukhia electric supply undertaking (acquisition) act, 1973 was challenged as unconstitutional. ..... 1973 was under .....

U. P. State Sugar Corporation Ltd. and Others Vs. Raza Buland Sugar Co ...

Court : Allahabad

Reported in : 2000(4)AWC3403

..... the supreme court was interpreting sub-section (2) of section 3 of the textile undertakings (taking over of management) act (40 of 1983) where the words used were 'assets in relation to textile undertaking' and it was held that if the company held the land and at no point of time there was a segregation of assets in the company to form the ..... united collieries limited and others, air 1985 sc 192, wherein the court interpreting clause (xii) of section 2 of the coal mines (nationalisation) act, 1973, held thatstaff car of the technical advisor to the company which was nationalised under the act shall stand transferred to and vest in the central government and it was not necessary to prove the nature of its user as under the definition in clause (xii) of section 2 of the act it is fixed asset of the mine.12. ..... union of india and others, air 1981 sc 124, the supreme court interpreted the definition of the word 'mine' as contained under section 2(h) of coal mines nationalisation act (26 of1973). ..... the lands and buildings appurtenant to a coal mine if not exclusively used for the purpose of colliery business will not come within the definition of mines in section 2(h), i.e. ..... sub-clause (vii) uses the words 'any or adjacent to a mine' and used substantially 'for the purpose of the mine or a number of mines under same management in relation to workshop'. .....

Kanchanlal Chandulal Parikh and anr. Vs. Bank of India and ors.

Court : Mumbai

Reported in : AIR1988Bom40; 1988MhLJ184

..... the liability that is assumed by the central government, therefore, relates only to such loans and credits taken when the management of the undertaking was in the hands of the custodian under the sick textile undertaking (taking over of management) act, 1972.36. ..... (d) of subsection () thereof defines 'custodian' to mean a custodian appointed under section 5 of the sick textile undertakings (taking over of management) act. ..... explanation : - in this section 'state textile corporation' means a corporation, formed and registered under the companies act, 1956, in a state, which is in charge of the management of a sick textile undertaking either as a person authorised under the industries (development and regulation) act 1951, or as the custodian under the sick textile undertakings (taking over ofmanagement) act, 1972 and includes the west bengal state textile corporation limited which has advanced amounts to sick textile undertakings in the state ..... , : air1977cal402 , held that the analogous provisions of the coal mines (nationalisation) act, 1973 neither directly nor by implication took away the jurisdiction of the civil courts to entertain suits against the ex-owners of collieries nationalised thereby, particularly in respect of claims arising before the appointed day ..... by two letters dated 22nd june 1973 the authorised controller acknowledged that the sums of rs ..... on 6th february 1973 the plaintiffs called upon the authorised controller to repay the amounts due under the said accounts nos .....

Central Coal Fields Ltd. Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1985SC107; 1984(2)SCALE595; 1984(Supp)SCC720

..... under the coal mines (taking over of management) ordinance; the management was taken over with effect from may 1, 1973. ..... while under the takeover legislation only the management had passed, under the nationalisation act the right, title and interest of the owner in relation to the coal mine stood transferred to, and vested absolutely, in the central government free from all encumbrances. ..... petitioner is a government company in which under section 5 of the coal mines (nationalisation act), 1973, act 26 of 1973, (nationalisation act' for short), the right, title and interest of the owner of the jagaldaga colliery came to vest following nationalisation. ..... the certificate officer constituted under the bihar and orissa public demands recovery act, iv of 1914, signed a certificate on the basis of the requisition of the mining officer and called upon the petitioner to satisfy the demand. ..... parliament could have brought about a statutory termination of lease bylaw but since the nationalisation act does not make any provision to that effect, it is not open to the petitioner to raise a claim of being a fresh grantee and, therefore, ask for exemption for one year on the plea that for a new lessee ..... section 3 of the nationalisation act categorically provides that the right, title and interest of the owner of the mine under the mining lease shall stand transferred to the central government. .....

Burn Standard Company Limited Vs. the State of Tamil Nadu and ors.

Court : Chennai

Reported in : [1983]52STC62(Mad)

..... over by the central government with effect from 19th december, 1973, by virtue of the burn company and indian standard wagon company (taking over of management) act, 1973. ..... officer [1977] 40 stc 225, wherein in respect of coal mines (nationlisation) act, under similar circumstances it has been held that the peremptory provisions found in section 28 therein, which corresponds to section 25 in this act, has an overriding effect, and therefore, the provisions of the sales tax act will have to be read subject to the provisions made in the central act. ..... the counsel for the petitioner would first contend that in view of the specific provision made under section 5 of act 97 of 1976, every liability other than the liabilities specified in sub-section (2) therein, in respect of any period prior to the appointed day shall be the liability of the concerned company and shall not be enforceable as ..... respondent had no jurisdiction to treat the petitioner as a 'dealer' under provisions of the tamil nadu general sales tax act, 1959, and to demand payment of sales tax for the period prior to 1st april, 1975. ..... to collect tax in the order of priority as found in the second schedule, part b, of act 97 of 1976, could be applicable only when the commissioner is approached for payment of the amount. ..... filed in support of the petition, it is claimed by the petitioner that originally the management of the undertaking of burn & co. ..... for the petitioner also relies upon the decision in western coal fields ltd. v. .....

National Textile Corpn. Ltd. Vs. Sitaram Mills Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR1986SC1234; (1986)88BOMLR662; [1987]61CompCas373(SC); (1986)2CompLJ261(SC); 1986(1)SCALE657; 1986Supp(1)SCC117; [1986]2SCR187

..... shree sitaram mills limited, bombay (for short 'the petitioners') while upholding the constitutional validity of the textile undertakings (taking over of management) act, 1983 insofar as it provides by section 3(1) of the act for the taking over by the central government of the management in the public interest of messrs shree sitaram mills a textile undertaking owned by it and specified in the first schedule to the act, held that the surplus land appurtenant to the mill was not an 'asset in relation to the textile undertaking ..... assets built on a plot adjacent to the new satgram coal mines in 1964, the technical director's bungalow built on a plot outside the mining area somewhere in 1957-58 and another building on the same plot of land, namely, the guest house used for the residence of the officers and staff of the mines were not assets falling within the definition of 'mine' defined in section 2(h)(vi), (vii) and (xi) of the coal mines (nationalisation) act, 1973, the court had occasion to observe : it will be ..... car therefore fell within the definition of 'mine' as contained in section 2(h)(xii) and vested in the central government under sub-section (1) of section 3 of the coal mines (nationalisation) act, 1973. ..... emphasis supplied)it was then observed :by reason of sub-section (1) of section 3 of the act the right, title and interest of the owners in relation to the coal mines specified in the schedule stand transferred to, and vest absolutely in the central government free from .....

Emp., Mgmt of Ramkanali Colliery of M/S. Bccl Vs. Workmen by Secy. Ras ...

Court : Supreme Court of India

Reported in : AIR2001SC1945; 2001(4)ALT60(SC); [2001(90)FLR182]; 2001LabIC1350; (2001)ILLJ1407SC; 2001(3)SCALE14; (2001)4SCC236; [2001]2SCR847; 2001(2)SCT411(SC)

..... the industrial tribunal to whom this matter was referred that the non-coking coal mines were taken over by the central government on 31.1.1973 and was nationalized with effect from 1.5.1973 and none of these workmen were in employment before the date of take over. ..... has been immediately before the appointed date, an employee of the central government, in which the right, title and interest of such mine have vested under this act, and shall hold office or service in the local mine with the same rights would have been admissible to him if the rights in relation to such coal mine had not been transferred to, and vested in, the central government or the government company, as the case may be, and continue ..... case was courts took the view that the sale price of the stock of extracted coal lying at the commencement of the appointed date had to be taken into account for determining the profit and loss during the period of management of the mine by central government. ..... the matter, we do not think that the award made by the tribunal is in any way wrong particularly, when the decision has been given on facts that as on the date of the take over the concerned workmen were employees of the appellant management. ..... thereby the management of the appellant was directed to reinstate the said workmen with continuity of service from the respective dates of ..... to be working from may or july 1972 in the ramkanali colliery of the appellant, raised a dispute that they were stopped from work by the management. .....

Eastern Coalfields Limited Etc. Vs. Sri S.K. Mukhopadhyaya, Arbitrator ...

Court : Jharkhand

Reported in : [2003(3)JCR296(Jhr)]; (2003)IIILLJ1082Jhar

..... the management further asserted that it had not employed additional hands after taking over the management of the ..... coal company limited (company for short) was the owner of the coal mine, namely badjna colliery, which was nationalized under the coal mines (nationalisation) act, 1973. ..... time of taking over of the mine, the said company refused to handover the barakar engineering and foundry works limited (befw) to the custodian/central government, on the ground that the same was a separate establishment and the same has not vested under the nationalisation act. ..... did not take over any of the liabilities of the erstwhile owners, prior to the date of the take over. ..... the workmen, developed their cases before the arbitrator by casually saving that, four workmen namely shri braj gopal tiwary, madan masud, manik mandal and parasu dhar were re-employed by the management; the management employed several other persons but refused to employ them, under section 25h of the i.d. ..... act the management was bound to give preference to them over others, in the matter of re-employment as they had offered for ..... claimed re-employment under section 25h of the industrial disputes act, 1947 which provides that where any workmen are retrenched, and the employer proposes to take into his employ any persons, he shall give an opportunity to the retrenched workmen to offer themselves for 're-employment', and such retrenched workmen who offered themselves for re-employment, shall have preference over other persons. .....

Manohar Lal Sharma Vs. the Principle Secretary and Others

Court : Supreme Court of India

..... the coal mines (taking over of management) act, 15 of 1973, (for short, coal mines management act ) was passed, to provide for the taking over, in the public interest, of the management of coal mines, pending nationalisation of such mines, with a view to ensuring rational and coordinated development of coal production and for promoting optimum utilisation of the coal resources consistent with the growing requirements of the country, and for matters connected therewith or incidental thereto. 32 ..... the coal mines management act received the assent of the president on 31.03.1973 but it was made effective from 30.01.1973 except section 8(2) which came into force at once ..... 2(b) of the cmn act defines a coal mine in the same manner as the corresponding provision of the coal mines management act, namely, a mine in which there exists one or more seams of coal . ..... provision further provides that if after the appointed day, the existence of any other coal mine comes to the knowledge of the central government, the provisions of the coal mines management act shall apply until that mine is nationalized by an appropriate legislation. ..... the proviso to section 3(2), if, after the appointed day, the existence of any other coal mine comes to the knowledge of the central government, it shall by a notified order make a declaration about the existence of such mine, upon which the management of such coal mine also vests in the central government and the provisions of the act become applicable thereto.33. .....