2001 (3) TMI 1040

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.... nationalized with effect from 1.5.1973 and none of these workmen were in employment before the date of take over. After the take over of the Colliery, a Screening Committee consisting of the representatives of the employer and the workmen scrutinized the claim of the workmen and found that the claim of these workmen was without any basis. The reference made to the Industrial Tribunal reads as follows : Whether the demand of the workmen of Ramkanali Colliery of Messrs. Bharat Coking Coal Limited, Post Office Katrasgarh, District Dhanbad that Sarvashri Bishundeo Singh, Kanhaiya Prasad Karan, Attendance Clerks, Ashok Kumar Das, Munshi and Bachu Singh, Night Guard of West Ramkanali Section should be allowed to resume duty is justified? If so,....

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....SCC 175, this Court examined the scope and effect of the provisions of Sections 9 and 17 of the Coking Coal Mines Nationalisation Act, 1972, which are identical to Sections 7 and 14 of the Act in all respects. This Court held that Section 9 (similar to Section 7 of the Act) granted immunity to the Government against any award and it has to be read along with Section 17(1) (similar to Section 14(1) of the Act). So read, Section 9 does not nullify Section 17 or have a larger operation. In very felicitous terms, this Court stated the position as under: 7. Section 9 deals with the topic of prior liabilities of the previous owner. Section 9(1) speaks of every liability of the owner prior to the appointed day, shall be the liability of such ....

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....loy of the previous owner in the eye of law. Now the contention put forth before us is that Section 14 of the Act stood substituted by an amendment made to it by deleting several provisions thereof. Section 14(1) of the Act provided as follows : 14. Employment of certain employees to continue 1 Every person who is a workmen within the meaning of the Industrial Disputes Act, 1947, and has been immediately before the appointed date, an employee of the Central Government, in which the right, title and interest of such mine have vested under this Act, and shall hold office or service in the coal mine with the same rights would have been admissible to him if the rights in relation to such coal mine had not been transferred to, and vested in, ....

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.... of extracted coal lying at the commencement of the appointed date had to be taken into account for determining the profit and loss during the period of management of the mine by Central Government. Thereafter, the Coal Mines Nationalisation Laws (Amendment) Ordinance and Act, 1986 was issued. Section 19(2) of the Principal Act as introduced by the Amending Act and Section 19 of the Amending Act providing that the amount payable as compensation shall be deemed to include and deemed always to have included in the amount required to be paid to the owner in respect of all coal in stock on the date immediately before the appointed date. The said Amending Act was held to be valid as it altered the basis of the principal Act with retrospective ef....