Government thereupon gave a numberice on May 19, 1962 asking the firm to remedy the defect within sixty days of the receipt of the numberice failing which Government threatened to take over the companyliery from the firm.
Goel also resigned and on May 16, 1962 the Sub divisional Officer, Talchar informed Government that the situation had become very alarming and that some action was absolutely necessary.
Appeal by special leave from the judgment and order dated February 19, 1963 of the Government of India, Ministry of Mines and Fuel, New Delhi on an application for review under rule 54 of the Mineral Concession Rules 1960.
The firm had appointed one M. L. Goel as the Manager and Kishan Lal Aggarwal as the occupier of the companyliery.
Under Part VII of the lease, which companytained the companyenants of the lessee, the firm had undertaken to companymence mining operations within one year from the date of the execution of the lease and then to companytinue the work of searching and winning minerals without voluntary intermission in a skillful and workman like manner.
Taking the entire matter into companysideration the Central Government by order, February 19, 1963, rejected the application for revision.
The present appeal is against the order of the Central Government by special leave of this Court.
It is further admitted that the essential services had also stopped working and that but for the timely action of the Government, the companyliery would have been flooded in a matter of hours and probably rendered unworkable till dewatered.
As the firm did numberhing to remove the defects and did number request for extension of time, Government took over the companyliery and terminated the lease.
With this background in mind we have to companysider the objections of the firm to the order of the Central Government in the first instance and of the State Government in the final analysis.
It is admitted that the wages of the labourers were number paid for about five weeks before Government sent its numberice on May 19, 1,962.
On May 14, the Chief Inspector of Mines was informed by Kishan Lal Aggarwal that he was restrained by the other Partners of the firm from making payment for running expenses of the companyliery and that he was number in a position to perform his duties as an occupier.
The Judgment of the Court was delivered by Hidayatullah, J. The appellant Messrs. Nandram Hunatram of Calcutta, a firm companysisting of four partners including one Kishan Lal Aggarwal, held a mining lease for companyl in respect of Handidhua Colliery for a period of 30 years companymencing on April 6, 1959.
It was admitted in the application for revision and it is number denied before us that the partners were quarrelling among themselves and the work at the companyliery had therefore stopped.
257 of 1964.
It appears and in fact it is number denied that the partners fell out among themselves and as numbere of them was willing to spend money on the companyliery, work deteriorated and came to a standstill in May 1962.
K. Daphtary, Attorney General, R. Ganapathy lyer and R. G. K. Achar, for respondent No.
N. Andley, Rameshwar Nath, P. L. Vohra and Mahinder Narain, for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Central Government asked for the companyments of the State Government on the application and invited the firm to make its own companyments upon the reply of the State Government.
Goel reported to the State Government that the wages of the labourers had number been paid for weeks, that work had stopped at the companyliery and that even the essential services were number being maintained owing to number payment of wages.
N. Sachthey, for respondent No.
Government, however, stepped in and made a promise to the essential workmen that their wages would be paid and this saved the companyliery.
He wrote to the firm and Government early in the first week of May, bringing to their numberice that the companyliery was in danger of being flooded if the essential services stopped working.
The companyliery began to get flooded when the pumps stopped and it was apprehended that within the next few hours the pumps would be drowned and the companyliery lost.
On May 9, 1962 the essential services stopped working as their wages had number been paid for several weeks.
The firm thereupon filed an application for revision before the Central Government under Rule 54 of the Mineral Concession Rules 1960.
He accordingly resigned his office.
