Court : Kolkata
..... , a notice under section 446 of the companies act to the commissioner of payments appointed under the 1973 act and a further notice on the commissioner of payments under the coking coal mines (nationalisation) act, 1972 requesting such commissioners to refrain from settling the claims of, or making payment to, the creditors or contributories of the company (in liquidation) without obtaining leave of the ..... of commercial energy in the country and though it was available in adequate quantity the reserves were unevenly distributed among the different regions. it noticed that coking coal mines had been nationalised (under the 1972 act) and that non-coking coal collieries were small in size, financially weak and worked on unscientific lines with the colliery owners' primary object being to earn quick profits without any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC938; JT1992(2)SC434; 1991(2)SCALE1309; 1992Supp(1)SCC692; [1991]Supp3SCR273; 1992(1)LC288(SC)
..... the common good of the people and would be clearly covered by clause (b) of article 39.34. in sanjeev coke manufacturing company (supra), the constitutional validity of coking coals mines (nationalisation) act, 1972 and the coal mines (taking over of management) act, 1973 was under challenge. the court said that when article 39(b) refers ..... capable of producing wealth for the community would be material resources. the conservation of the essential ingredients necessary for the crucial iron and steel industry by nationalisation is only in implementation of the policy declared in clause (b) of article 39.36. in the recent decision of this court in tinsukhia electric ..... interpreted in the earlier decisions of this court32. in state of karnataka v. ranganatha reddy (supra), the karnataka contract carriages acquisition act, 1976 for nationalisation of contract carriages in the state was challenged on the ground that there is no real and substantial nexus between the purpose of the acquisition and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC851; 2005(5)ALLMR(SC)405; [2005(104)FLR820]; JT2005(1)SC449; (2005)ILLJ853SC; (2005)2SCC638; 2005(2)SLJ358(SC); (2005)2UPLBEC1470
..... on 9.6.1971 owing to operational and financial problems and later on the management was taken over by the central government under the coking coal mines (emergency provisions) act, 1971 followed by the coking coal mines (nationalisation) act, 1972. before the said bench, the decision in anakapalla cooperative agricultural and industrial society ltd. (supra) was referred to but ..... before the appointed day' contained in section 13 of the said act vis-a-vis section 17 of the 1972 act is of some importance. the coking coal mines which stood nationalized by reason of the 1972 act were running concerns whereas admittedly the undertaking of the company had not been functioning and the enactment ..... ors. : (1978)iillj17sc and workmen represented by akhil bhartiy koyla kamgar union (supra) rendered on interpretation of provisions of section 17 of the coking coal mines (nationalization) act, 1972 (hereinafter referred to as 'the 1972 act'). it is no doubt true that the provisions of section 17 of the .....
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)
..... between employees similarly situated, particularly in the 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 ..... it been necessary for us to do so but in the view that has been 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 .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003(3)BLJR2164; [2003(3)JCR787(Jhr)]; (2004)ILLJ346Jhar
..... reinstatement of workman dip lal singh with back wages w.e.f. 1st may, 1972, the date from which the coking coal mines were placed under m/s. bccl on its nationalization under the coking coal mines (nationalisation) act, 1972. the appellant-employer in relation to bararee coke plant of m/s. bccl dhanbad challenged the award before the ranchi bench of patna high court (this court) in ..... 23rd december, 1971, i.e., after more than two months of termination of his services. the services of the employees of coking coal mines or coke oven plants, were taken over later on, w.e.f. 1.5.1972 under section 17 of the coking coal mines (nationalisation) act, 1972 (act no. 36 of 1972), gazetted on 17th of august, 1972. thereby services of the workman dip lal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... court and some high courts in a series of decisions.the matter may be considered from another angle. under the coking coalmines (nationalisation) act, 1972 and coal mines (nationalisation) act,1973, as noticed hereinbefore, all coking coal mines mentioned in theschedule appended to the 1972 act and all coal mines vested in the centralgovernment. in terms of section 7 of the 1972 act and section 9 of the 1973act, the ..... central government was empowered to transfer the said coking coalmines and coal mines to any government company, as may be notified.pursuant to or in .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT60(HC),[1999(81)FLR52],(1999)ILLJ828Cal
..... pathak, reported in 1986 pljr 1168. in that case also, upon consideration of the provisions of sections 9 and 17 as also the provisions of the coking coal mines (nationalisation) act, as also provisions of section 4 of the payment of gratuity act. sandhawlla. c.j, speaking for the bench stated:'equally worthy of notice ..... an award has been made by the industrial tribunal, would continue to be governed by the nationalisation act. in that case, the apex court was considering the provisions of sections 9 and 17 of the coking coal mines nationalisation act, which are in part materia with the provisions of the said act. the apex court ..... hereinafter referred to as the said act), whereby and whereunder the undertaking of the aluminium corporation of india limited (hereinafter called as aluminium corporation) was nationalised. the aforementioned nationalisation was made for giving effect to the policy decision as laid down under article 39(6) of the constitution of india. according to the writ .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIAD(SC)137; AIR1996SC1431; JT1996(2)SC85; 1996(1)SCALE780; (1996)7SCC637; [1996]2SCR23
..... of the appointed date had to be taken into account to determine the profit and loss during the period of management of the mines by the central government taken over under section 3 of the coking coal mines (nationalisation) act, 1972. thereafter, coal mines nationalisation laws (amendment) act, 1986 was enacted. in section 10, sub-section (2) of the principal act, amount payable as compensation was to be ..... deemed to include and deemed always to have included the amount required to be paid to the owner in respect of coal in stock on the date immediately .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1682; (1980)4SCC179; [1980]3SCR1042
..... they are two distinct minerals.in support of these submissions shri seervai relies very strongly on the definition of 'coal mine' in section 2(b) of the coal mines (nationalisation act, 26 of 1973, and the definition, by contrast, of 'coking coal mine' in section 3(c) of the coking coal mines (nationalisation) act, 36 of 1972.54. these submissions are met by the learned attorney general with the answer that if ..... 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 coal. though .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR160; (1990)92BOMLR492; (1993)IIILLJ277Bom
..... act before us is very different from the scheme of the act before the supreme court. and observations of the supreme court regarding section 9 of the coking coal mines (nationalisation) act cannot be blindly applied to section 3(7) of the present act. 12. now, is there anything in the scheme of the act before ..... 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 government or the government ..... have relied upon a decision of the supreme court in the case of the workmen v. the bharat coking coal ltd. reported in : (1978)iillj17sc . the case before the supreme court involved the interpretation of section 9 of the coking coal mines (nationalisation) act. under section 9 of that act it was provided as under: 9. central government not .....
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