Coal mine definition turns on common ownership; separate coke plant facilities are not automatically part of the mine.

The expression "coal mine" under the Coal Mines Provident Fund and Bonus Schemes Act, 1948 was construed to include not only the excavation where coal is won, but also subsidiary works, machinery, tramways and sidings only when they belong to, and are under the same ownership as, the mine. Ownership was treated as the controlling element, and the word "or" before "belonging to a coal mine" was read as "and" to avoid treating independent plant or transport facilities as part of a coal mine. The 1965 amendment was used as confirming this interpretation of the earlier definition. On the stated facts, a separate coke plant owner was not the owner of a coal mine.

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Issues: Whether the respondent, as owner of a coke plant adjacent to a coal mine, was the owner of a coal mine within the meaning of the Coal Mines Provident Fund and Bonus Schemes Act, 1948 and the Scheme.

Analysis: The expression "coal mine" in section 2(b) of the 1948 Act was construed as covering not merely an excavation where coal is obtained, but also the subsidiary works, machinery, tramways and sidings only when they belong to, and are under the same ownership as, the coal mine. The ownership element was treated as controlling, and the word "or" occurring before "belonging to a coal mine" was read as "and" to avoid an unreasonable result under which independent plant or transport facilities would be treated as a coal mine. The amended definition introduced by the 1965 Amendment Act was relied upon as confirming the proper interpretation of the earlier provision rather than effecting a change in the law. On the admitted facts, the respondent did not carry on excavation or mining operations and merely owned a separate coke plant.

Conclusion: The respondent was not the owner of a coal mine within the meaning of the Act and the Scheme.

Final Conclusion: The conviction could not stand, and the appeal failed.

Ratio Decidendi: Under section 2(b) of the 1948 Act, ancillary works fall within the definition of a coal mine only if they belong to the mine and are under the same ownership, and later amending legislation may be used to confirm the proper construction of an earlier ambiguous definition.

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