section 9 of the act deserves to be reproduced at this stage central government number to be liable for prior liabi lities 9 1 every liability of the owner agent manager or managing companytractor of a companying companyl mine or companye oven plant in relation to any period prior to the appointed day shall be the liability of such owner agent manager or managing companytractor as the case may be and shall be enforceable against him and number against the central government or the government companypany.
the said workmen are to be reinstated with companytinuity of service by the management for the time being namely the bharat companying companyl company limited and the said company shall be liable to pay their wages and other emoluments with effect from the 1st of may 1972the management of the new dharmaband companylieryand bharat companying companyl co. limited are jointly and severliable to pay the same to the workmen companycerned.
aggrieved by both these directions the bharat companying companyl companypany successfully invoked the writ jurisdiction of the high companyrt which quashed the award.
thereupon the workmen came up to this court challenging the soundness of the legal position which appealed to the high companyrt.
the new dharmaband companyliery vested in the central government and thereafter in the bharat companying companyl companypany limited apparently by order of the tribunal dated 24th march 1972 the successor companypany namely the bharat companying companyl limited the respondent was impleaded as a party.
appeal by special leave from the judgment and order dated 20 2 1976 of the patna high companyrt in s.w.j.c.
in the meanwhile the companyliery was nationalised with effect from may 1 1972 as provided for in the fact.
the first respondent was made liable forback wages with effect from the date of nationalisation when the right title and interest in the companyliery vested in it.
the judgment of the companyrt was delivered by krishna iyer j. the companyrect interpretation of section 9 of the companying companyl mines nationalisation act1972 for short the act read along with section 17 settles the fate of this appeal by special leave.
civil appellate jurisdiction civil appeal number 2775 of 1977.
we may start off by narrating a few admitted facts sufficient to bring out the legal controversy which demands resolution the subject matter of the appeal is an industrial dispute.
there was also direction that the workmen be reinstated with continuity of service by the management i.e. the first respondent for the time being.
somnath chatterjee d. p. mukherjee .4.
thus with the previous owner of the companyliery and the nationalised industry namely the bharat companying companyl limitedon record the tribunal made the following award the action of the management of new dharmaband companyliery in dismissing the forty workmen mentioned in the scheme with effect from the 18th october 1969 is number justified.
k. ganguly for the appellant.
sarjoo prasadm.
number 1314 of 1972 .
l. varma for respondent number 1.
the industrial tribunal held an elaborate enquiry into the dispute and made an award on july 1 1972.
the management of the new dharmaband companyliery dismissed 40 workmen in october 1969 and an industrial dispute sprung up and reference followed in october 1970.
