Court : Supreme Court of India
Reported in : AIR1980SC1858; [1980(41)FLR248]; (1980)4SCC341; [1981]1SCR375; 1980(12)LC863(SC)
..... by the central government, in the public 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 the right, title and interest of the owners of the coking coal mines specified in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC239; 1982(2)SCALE1193; (1983)1SCC147; [1983]1SCR1000
..... 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 non-coking coal mines .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1308; [1980(41)FLR385]; (1980)3SCC353; [1980]3SCR595
..... 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, 1972. section 3(c) reads thus:coking coal mine' means a coal mine in which ..... there exists one or more seams of coking coal, whether exclusively or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(2)BLJR1264; JT2004(5)SC571; 2004(3)SCALE519; (2004)4SCC529
..... act, 1972, under the said provisions of said nationalisation act, 1972 the central government ..... coking coal mines was taken over under the act, 1971 be carried on by the appellant-company.8. the right, title and interest of the coking coal mines in the country, the management of which were taken over under the act, 1971 stood vested absolutely and free from all encumbrances in the appellant-company under section 3 of the coal nationalisation ..... 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 of nationalisation act of 1972 whereby and where under the related section on the basis of which the trail court .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC124; (1980)4SCC570; [1981]1SCR406
..... reimbursement' was like any other dues, and, therefore, must be treated as 'any money due to the coking coal mine' within the meaning of sub-section (3) of section 22 of the coking coal mines (nationalisation) act, 1972, and, therefore, it could be utilised for the discharge of liabilities of such coking coal mines under sub-section (4) thereof, which provisions are in pari materia with sub-sections (3) and ..... (4) of section 19 of the coal mines (nationalisation) act, 1973. we accordingly, set aside the direction made by the high .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC979; 1978(26)BLJR225; 1978LabIC709; (1978)IILLJ17SC; (1978)2SCC175; [1978]3SCR482; 1978(10)LC329(SC)
1. the correct interpretation of section 9 of the coking coal mines nationalisation act, 1972, (for short, the act), read along with section 17 settles the fate of this appeal by special leave. we may start off by narrating a few admitted facts ..... ) save as otherwise provided elsewhere in this act, no claim for wages, bonus, royalty, rate, rent, taxes, provident fund, pension, gratuity or any other dues in relation to a coking coal mine or coke oven plant in respect of any period prior to the appointed day, shall be enforceable against the central or the government company-(b) ...(c) ...side by side we may also ..... not been transferred to and vested in the central government or government company, as the case may be, and continue to do so unless and until his employment in such coking coal mine or coke oven plant is duly terminated or until his remuneration, terms and conditions of employment are duly altered, by the central government or the government company.section 17 is a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1994; 2001(49)BLJR1350; [2001(89)FLR552]; JT2001(4)SC327; 2001LabIC1397; (2001)ILLJ1400SC; 2001(2)SCALE626; (2001)4SCC55; [2001]2SCR553; 2001(2)SCT371(SC); (2001)2
..... the bhugatdih rise area colliery was taken over by the central government under the coking mines (emergency provisions) act, 1971 which came into effect on october 17, 1971. subsequently, the colliery stood nationalised with effect from may 1, 1972 under the provisions of the coking coal mines (nationalisation) act, 1972 (for short 'the nationalisation act'). 111 workmen who were working in these collieries were laid off by the ..... be successor-in-interest of the old business inasmuch as only the right, title and interest of the coking coal mines have been acquired by the government under the nationalisation act free from all encumbrances; that it is neither the liability of the owners of the said mines nor goodwill thereof has been acquired; that as long as both assets and liabilities have not been .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1986Supp(1)SCC496
..... .j.,; m.m. dutt,; g.l. oza,; ranganath misra and; v. khalid1. these writ petitions and special leave petitions challenge the constitutional validity of the coking coal mines (nationalisation) act, 1972 and the coal mines (nationalisation) act, 1973 [as amended by the coal mines nationalisation laws (amendment) act, 1978]. the question of constitutional validity of these two statutes as amended by the amending act of 1978 is covered by the ..... ratio of the decision of this court in tara prasad singh v. union of india1 where the constitutional validity of a similar amending statute viz. coal mines (nationalisation) amending act, 1976 was upheld by this court. the constitutional validity of these statutes as amended by the amending act of 1978 must therefore, be upheld on the same parity .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1999(81)FLR29]; JT1998(8)SC81; (1998)IIILLJ715SC; (1998)9SCC192
..... order1. the only point raised for decision in these appeals is whether the prior service of a workman continuing in service after 1-5-1972 under the coking coal mines (nationalisation) act, 1972 has to be included in the length of service for determining the amount of gratuity payable to such a workman under the payment of gratuity act ..... provision in section 9 is that the central government is not to be liable for the prior liabilities of the owner, agent, manager or managing director of a coking coal mine or coke oven plant in relation to any period prior to the appointed day (1-5-1972) and that such prior liability would be of the earlier owner and shall ..... submitted that the position with regard to such workmen who were employed by one or more contractors prior to the nationalisation, with effect from 1-5-1972, is different from that of the workmen directly employed by the mine owner and, therefore, the workmen employed by the contractor and not directly by the owner would not be entitled .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(5)SC83; 1994(3)SCALE334; (1994)6SCC77; [1994]Supp1SCR639
..... .10.1971, being the appointed date. the central government appointed custodians to take over the management of the coking coal mines. such coking coal mines remained under the management of the central government through the custodian during the period from 17.10.1971 to 30.4.1972. the coking coal mines (nationalisation) act, 1972 came into force w.e.f. 1.5.1972, the appointed date. in terms of section ..... in the first schedule stood transferred to and vested absolutely in the central government free from all encumbrances. the provisions of the coking coal mines (nationalisation) act, 1972 as amended by the coal mines nationalisation laws (amendment) act, 1986 were challenged before this court in the case of tara prasad singh v. union of india : [1980]3scr1042 . a constitution bench upheld the validity of the .....
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