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 : AIR1984SC95; 1983(2)SCALE619; (1984)1SCC619; [1984]1SCR657; 1984(16)LC11(SC)
..... this is necessary because the railway net work is divided into various railway such as western railway, central railways, meaning zonal railway administration and prior to nationalisation of the railways different companies operated different railways. sec, 27 was enacted in . the last decade of 19th century when different companies had set up the ..... where a station has an abbreviation'gx' appended to it,it would mean that the station is not open for outward booking of coal, coal shale, lignite, patent fuel, soft coke and hard coke in wagon loads. we fall to see how this regulatory arrangement violates section 28. in fact, this incidental arrangement helps in smoothly ..... scheme applicable to each field and the principles of transport nationalisation in force from time to time. a list of sponsoring authorities authorised to sponsor coal movements in this item is given in annexure 'b'.note- (a) coal in the above item c(iii) means 'coal as defined in colliery control order.'(b) besides the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC326; 1983(2)SCALE541; (1984)1SCC515; [1984]1SCR725; 1984(16)LC1(SC)
..... up for consideration in a recent constitution bench decision of this court in sanjeev 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 best to subserve the common good. coal is, of course, one of the most important ..... operation of article 39(b) & (c). on this aspect of the matter, iyer,j. in the karnataka case further observed thus :the next question is whether nationalisation can have nexus with distribution.... to 'distribute', even in its simple dictionary 'meaning, is to, allot, to divide into classes or into groups' and 'distribution .....
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 : Rajasthan
Reported in : AIR1986Raj40; 1985(1)WLN484
..... company cannot be regarded as a mining company in as much as apart from coking coal mines and the coal mines which were nationalised under the provisions of the coking coal mines (nationalisation) act 1972 and the coal mines (nationalisation) act, 1973 the company has other assets also.10. the expression 'mining company' has been defined in section 3(1) of the coking coal mines (nationalisation) act, 1972 to mean a company owning a coking coal mine. the aforesaid definition implies that ..... a company would be a mining company under the aforesaid .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1733; 1984(32)BLJR596; (1984)3CompLJ158(SC); 1984(2)SCALE299; (1984)4SCC429; [1985]1SCR618; 1985(17)LC49(SC)
..... plants. the ordinance was in due course replaced by a statute bearing the same title (hereinafter referred to as the 'management act'). then came the coking coal mines (nationalisation) act, 1971 ('nationalisation act' for short) which received presidential assent on august 17, 1982, but under section 1, sub-section (2) there of, the statute was ..... it....8. in exercise of the powers conferred by clause (c) of sub-section 12) of section 34 of the nationalisation act, the central government have made a set of rules known as the coking coal mines (statement of account) rules, 1972. the rules prescribe the form in which the accounts are to be prepared and reference ..... . this necessitates reference to some of the provisions of the nationalisation act and the relevant provisions are sections 4, 10, 21 and 22. under section 4(1), on the appointed day the right, title and interest of the owner in relation to the coking coal mines specified in the first schedule stood transferred to, and vested .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant119
..... : air1973sc1461 has struck down these provisions. an application made for review in minerva mill's case is stated to be still pending before the court. in sanjeev coke mfg. co. v. m's. bharat coking coal, ltd. : [1983]1scr1000 another constitution bench has expressed doubt on the correctness of the decision rendered in minerva mills' case. but, this court is bound by the ..... learned counsel submitted that art, 39(b) would be attracted if the industry as a whole was nationalised and not if only a part of the industry was nationalised, according to him, all the coke oven plants wherever they existed had to be nationalised and no privately owned coke oven plants could be allowed to be set up in the future, if art. 39(b .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1985Cal143,89CWN263
..... the impugned lease, the appellants have not been conferred with any right of carrying on a coal mining operation, nor such right relates to winning or mining of coal. ' accordingly, clauses (a) and (b) of sub-section (3) of section 3 of the coal mines (nationalisation) act, 1973 has no manner of application.12. now the question is whether the sludge ..... the appellants.the appellants and their representatives were also prevented from going to the concerned sites for the purpose of lifting any ejected sludge or slurry for manufacturing soft coke by the officers of the respondent no. 3. accordingly, the appellants filed a writ petition, inter alia, praying for the quashing of the said petarbar p. ..... the indenture of lease. on april 2, 1980, six lorries which were loaded with sludge or slurry and soft coke manufactured out of the same were seized by the police on the complaint of the central coal fields ltd., the respondent no. 3. it is alleged that the respondent no. 3 has been trying to remove .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1986)ILLJ145AP
..... out between the doctrinaire approach to the problem of socialism and the pragmatic one is very apt and may enable the courts to lean more and more in favour of nationalisation and state ownership of any industry after the addition of the word 'socialist' in the preamble of the constitution.' 19. the above observations by the supreme court in excelwear's .....
Tag this Judgment!Court : Rajasthan
Reported in : [1986]160ITR103(Raj)
..... , vol. viii, the word 'occupation' has been stated to mean actual holding or possession, esp. of a place or of land. 13. the words 'owner' and 'occupier', as used in coking coal mines (nationalisation) act (no. xxxvi of 1972), came up for consideration before their lordships of the supreme court in industrial supplies pvt. ltd. v. union of india : [1981]1scr375 , and it was .....
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