Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mines Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Mines Act, 1952 (35 of 1952) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Mines Act, 1952 Sections 2(h), 3(1)(b)(ii), 17 and 22-Qualified Manager for mine-Appointment of-word 'and' in Section 3(1)(b) (ii)-lnterpretation of-To be read disjunctively-Not as being conjunctive. Interpretation of Statutes-Having regard to legislative intent manifested by the scheme of the Act-Word and to be construed as 'or' and read disjunctively and not as being conjunctive. The Inspector of Mines, after an inspection, found that the respondents were engaged in working an open cast mine and that the number of persons employed on any one day exceeded 50. As respondents fell within the mischief of the proviso to clause (b) of Section 3(1) of the Mines Act, 1952, and became subject to the provisions of the Act, he served a notice under Section 22 read with Section 17 of the Act calling upon the respondents to appoint a qualified Manager for the mine. The respondents filed a writ petition in the High Court which allowed the petition and quashed the impugned notice on the ground that the use of the word 'and' occurring at the end of paragraph (b) of sub-clause (ii) of the proviso to clause (b) of sub-section (1) of Section 3 of the Act made the three paragraphs conjunctive and unless the conditions specified in paragraphs (a), (b) and (c) co-existed, the Inspector had no authority to serve the impugned notice. |
Judge | N/A |
Neutral Citation | 1987 INSC 97 |
Petitioner | Joint Director Of Mines Safety |
Respondent | Tandur & Nayandgi Stone Quarries (p) Ltd. |
SCR | [1987] 2 S.C.R. 800 |
Judgement Date | 1987-04-08 |
Case Number | 502 |
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