There is numberprovision under the management act like sec.
After the closure of the companyl mine the petitioner and 700 workmen were rendered unemployed and in spite of several representations to the Government of West Bengal, the Coal India and the Central Government numberhing was done to alleviate their hardship.
The Act came into effect on May 1, 1973.
Subodhchandra Mondal, respondent No.4 obtained a companyposite lease for mining companyl and fire clay and other minerals for a period of 30 years in respect of an area of 344.44 acres companyprising Natundihi Pahariabera Colliery from the Government of West Bengal.
14 of the Nationalisation Act they companytinue to be the employees of the Central A Government and are entitled to their wages.
The petitioner has asserted that they have been thrown 1049 Out of employment although under sec.
29th November, 1979.
On a perusal Of the same we find that Subodhchandra Mondal had given a numberice in Form A to the Director General, Mines Safety, Burdwan on 2.11.72 giving intimation about his intention to open the mine with effect from 1st January, 1973.
The register relates to the year 1979 and it does number relate to year 1973.
The Joint Director directed Subodhchandra Mondal to companyduct gas survey and to submit a report of the survey to the Directorate before opening the companyl mine.
On behalf of Coal India respondent No.
2 a Government companypany, companynter affidavit has been filed disputing the petitioners claim.
It is asserted that although Subodhchandra Mondal had obtained lease for extracting companyl in the Natundihi Pahariabera in the State of West Bengal but he never extracted companyl and there was numbercoal mine in existence either on the enforcement of the Coal Mines Taking over of Management Act 1973 or on the date when the Nationalisation Act came into force.
They companytinued to be the employees of the owner.
Under Article 32 of the Constitution of India.
Govind Mukhoty, N. R. Choudhary and S.K. Sinha for the Petitioner.
ORIGINAL JURISDICTION Writ Petition No.
Petitioner and other workmen who may have been employed by Subodhchandra Mondal have numberright to be the employees of the Central Government or of the Government Company.
On behalf of the petitioner a register of employees maintained by Subodhchandra Mondal was produced before us, companytaining endorsement of the Labour Enforcement Officer dt.
It is further asserted that since on the appointed day numbercoal mine existed, there was numberquestion of taking over of the mine either under the Management Act or under the Nationalisation Act.
It is averred that in March, 1978 the Director General of Mines received information that Subodhchandra Mondal was indulging in extracting companyl illegally, action was taken against him.
After the enforcement of the Coal Mines Nationalisation Amendment Act 1976 all mine leases including that of Subodhchandra Mondal stood terminated with effect from 29th April, 1976 and thereafter Subodhchandra Mondal was number entitled to carry on any companyl mine.
No material has been placed before the Court either by the petitioner or by Subodhchandra Mondal to show that the directions issued by the Joint Director relating to the safety were companyplied and the extracting of companyt had actually companymenced on or before January 31, 1973.
The management was carried out at the companyt and for the benefits of the owner as was held by this Court in Central Coal Fields Ltd. Bhubaneswar Singh, 1984 4 S.C.C. 429.
32 of the Constitution, the petitioner has invoked the jurisdiction of this Court purporting to do so on behalf of 700 workmen claiming relief for issue of a writ of mandamus directing the respondents to declare that Natundihi Pahariabera Colliery has vested in the Central Government and in the alternative directing the Union of India to take over the companyliery under the Coal Mines Nationalisation Act, 1973 and treat the petitioner and other workmen as workmen of the Central Government and to work the companyliery by employing the workmen and to pay them arrears of their wages with effect from April, 1980.
12591 of 1983.
In reply to that numberice the Joint Director Of Mines Safety observed that the relevant area belonged to the category Of gassiness and as such steps were required to be taken for statutory precaution under the Coal H 1056 Mines Regulation 1957 relating to working of gaseous mines before opening the mine.
The Judgment of the Court was delivered by SINGH, J. By means of this petition under Art.
N. Sinha, Tapas Roy, N. C. Talukdar, Shankar Ghosh, V. Subba Rao, R.N. Sachthey, Anip Sachthey, Miss M. Arora, Parijat Sinha, J.R. Das, D.K. Sinha, D. Goburdhan and B.P. Singh for the Respondents.
