Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 11 Colliery Control Order 4 5 ยท 12-E and 12-G. 7 8 1945: Clauses 2(2) 10-A 12-B |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Colliery Control Order, 1945: Clauses 2(2), 4, 5, 7, 8, 10-A, 11, 12-B, 12-E and 12-G.Bihar Trade Articles (Licences Unification) Order 1984:Clauses 2(e), 19, 20 and 21.Company-Owner of captive coking coal mines-Establishment of coke oven plants within factory premises-Regular sale of non-metallurgical coal-Held Company was a colliery under 1945 Order and a dealer under 1984 Order-Company despite being colliery held bound by the provisions of 1984 Order-Held 1945 Order and 1984 Order operate in two different fields and are not in conflict with each other-Scope and purpose of both the Orders explained. The respondent-company having its own captive 'coking coal mines' and 'coke oven plants' was regularly selling non-metallurgical coal in the open market. It was prosecuted for violation of the Bihar Trade Articles (Licence Unification) Order, 1984. A Division Bench of the Patna High Court, following its earlier judgment in Black Diamond Industries and Ors. v. Coal Controller and Ors., (1986) B.L.T. (Reports) 127; held the company being a colliery, the Colliery Control Order, 1945 was applicable to it and the 1984 Order has no application to it, In state's appeal to this Court on the question whether a colliery which was governed by 1945 Order can, in addition, be made to follow the provisions of 1984 Order issued by the State Government: it was contended that the coke oven plants of the Company having been constructed within the factory premises, it cannot be considered to be a part of the coal mine and as such cannot come within the definition of 'colliery' under the 1945 Order. |
Judge | Hon'ble Mr. Justice Kuldip Singh |
Neutral Citation | 1995 INSC 116 |
Petitioner | The State Of Bihar |
Respondent | The Tata Iron And Steel Co. Ltd. |
SCR | [1995] 2 S.C.R. 102 |
Judgement Date | 1995-02-17 |
Case Number | 4740 |
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