Full Judgment Text
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PETITIONER:
EAST INDIA COAL COMPANY LIMITED
Vs.
RESPONDENT:
EAST BULLIAREE KENDWADIH COLLIERY CO.P. LIMITED AND OTHERS
DATE OF JUDGMENT03/03/1987
BENCH:
KHALID, V. (J)
BENCH:
KHALID, V. (J)
REDDY, O. CHINNAPPA (J)
CITATION:
1987 AIR 1428 1987 SCR (2) 484
1987 SCC (2) 124 JT 1987 (1) 599
1987 SCALE (1)481
ACT:
Coking Coal Mines (Nationalisation) Act, 1972: Sections
3, 4, 5, 12A, 23 & 24--’Owner’--Who is--Compensation--Claim
for--Apportionment of share----Guidelines for apportionment
indicated.
HEADNOTE:
Respondent Nos. 1 and 2 were carrying on business as
raising contractors and selling agents of Coking Coal of
working coal mines. Pursuant 10 an agreement with the appel-
lant-company appointing them us contractors to raise and
sell coal and manufacture hard coke in respect of the un-
worked mines, they installed valuable machinery, utensils
and cake ovens at a heavy cost.
On the nationalisation of the coal mines by the Coking
Coal Mines (Nationalisation) Act, 1972 all the mines vested
in the Government. Respondent Nos. 1 and 2 flied a claim
under s.26 of the Act before the 4th respondent, the Commis-
sioner of Payment, the statutory authority constituted under
the Act and also moved the High Court by way of a writ
petition contending that they were also owners of some of
the mines in dispute and were entitled to their shares in
the compensation and prayed for a direction that they he
paid compensation at the market value for machinery, plant,
equipment, building, stores etc. A Division Bench of the
High Court allowed the writ petition and held that respond-
ent Nos. 1 and 2 were owners under the Act and directed
respondent No. 4 to proceed with the claim according to law.
Dismissing the appeal by the appellant, this Court,
HELD: 1. A combined reading of ss.4 and 5 of the Act
makes it abundantly clear that the right, title, interest of
the owners in relation to the mines and the coke oven plants
prescribed in the First Schedule and the Second Schedule
vests in the Central Government free from all encumbrances
on the appointed day. [491H; 492A]
2.1. The term ’owner’ has been defined in section 3(a). It
is clear
485
from the definition that it takes within its ambit, occupier
of the mine or any part thereof. The definition of the word
’owner’ clearly indicates that there may be more than one
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’owner’ within the meaning of s.3(n) in relation to a mine.
Each of them would be entitled to a portion of the amount
shown in column 5 of the First Schedule. Raising contractors
will also come within the ambit of the expression ’owner’ in
the Act. Therefore, they are also entitled to pro-rata
distribution of the compensation deposited. [497G-H]
In the instant case, it cannot be disputed that respond-
ent Nos. 1 and 2 admittedly a raising contractors, were in
occupation of at least part of the mines for their operation
and thus an occupier within the definition. They do not come
within the exclusion clause in the definition section.
Therefore, respondent Nos. 1 and 2 are ’owners’ within the
definition of section 3(n) of the Act. [490C-D]
Industrial Supplies Private Limited v. Union of India,
[1980] 4 SCC 341, relied upon.
2.2. Sections 20(1) and 21(1) to (5) of the Act occur-
ring in Chapter VI of the Act have deliberately avoided the
expression ’the owners in the First Schedule’ so as to
achieve the object of the definition ’owner’ in the Minos
Act, 1952, which definition has been bodily borrowed by this
Act. If the owner whose name is mentioned in column 4 is
alone entitled to the compensation, then there was no need
for the remaining sections in Chapter IV for apportionment
of the amount. [494E-F]
3.1. Section 12-A makes the owner, who has employed the
workers, liable for their wages and other dues and contains
the procedure for making the claim, its proof and determina-
tion. The important fact to be noted regarding these dues
is, as provided in sub-section(6) that the payment under
this section shall have priority over all other debts wheth-
er secured or unsecured. This is made further clear by
Section 23(2) also. [496C-D]
3(ii) Secured creditors come next in priority, and will
have priority regarding their dues subject to the amounts
payable to the workers. [496D]
3(iii) The amount of compensation payable under the Act
is kept at the disposal of the Commissioner of Payment by
the Central Government. Section 23 provides that every
person who has a claim against the owner may prefer the same
before the Commissioner within the stipulated period.
[496E-F]
486
3(v) Section 23(4) to (9) lays down the procedure for
entertaining and hearing of the claims against the owner.
There is provision for giving a hearing to the claimants as
well as to the owner before the Commissioner. The decision
of the Commissioner is subject to appeal, the Appellate
Court being the Principal Civil Court of original Civil
Jurisdiction within whose local limits the relevant mine is
situated. [496H; 497A-B]
4. Section 25 makes provision for payment of amounts
advanced by the Central Government for the management of the
mine. It is stipulated therein that such amounts can be
recovered either out of the income derived by the mine in
the period during which the same remained under the manage-
ment by the Central Government till the ownership vested in
it or if the amount advanced is not so recovered then the
Central Government is enabled to make a claim before the
Commissioner and this claim will have priority over the
claim of all other unsecured creditors of the mine. [497C-D]
5. Section 26 deals with cases where doubt or dispute
arises as to the fight of the person who is entitled to
receive the compensation and provides that the Commissioner
shall refer the claim to the court of competent jurisdic-
tion. [497E-F]
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6. The proper manner in which sections 23 & 24 have to
be understood is that the admitted claims can be deducted
from the amount payable only when such claim related to the
owner concerned. In other words, it is only the owner who
has incurred the said debt that would be liable to pay the
same. Care should be taken to see that the amounts of debts
of one owner is not deducted from the compensation amount
payable to the other owner who does not owe that money.
[498D-E]
7(1) Section 25A deals with the distribution of the
balance amount after meeting the liabilities. This has to be
distributed, according to the right of each owner determined
by the Commissioner and in case of dispute refer the dispute
to a competent court. [499D-E]
7.2. The Commissioner will have to determine the share
of the compensation of the mine claimed by respondents 1 and
2 in accordance with section 26(2). [499H; 500A]
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3118 of
1982.
From the Judgment and Order dated 11.8.1982 of the Delhi
High Court in Civil Writ Petition No. 112 of 1981.
487
S.N. Kackar and H.K. Puri for the Appellant.
Shanti Bhushan, Mr. S.S. Jauhar, C.L. Sahu and M.L.
Verma for the Respondents.
The Judgment of the Court was delivered by
KHALID, J. The coal mines were nationalised by the
Coking Coal Mines (Nationalisation) Act, 1972, (for short
’the Act’). Under this Act, the mines vested in the Govern-
ment with effect from 1st May, 1972. The Act contains a
schedule showing the various mines which come under the
nationalisation scheme. The mines involved in this appeal
are shown as serial Nos. 112 to 116 in the First Schedule to
the Act. The Schedule, in addition shows, the location of
the mines,name and address of the owners of the mines and
the amount of compensation. The owners’ name in the fourth
column of the mines involved in the appeal is shown as East
India Coal Company Limited, the appellant before us and the
total compensation as Rs. 93,23,500.
Respondent nos. 1 and 2 were carrying on the business as
raising contractors and selling agents of coking coal of
working coal mines. According to them, Messrs Jardine Hand-
erson Limited, who were the managing agents of the appel-
lant-company, appointed them as contractors to raise and
sell coal and manufacture hard coke in respect of the un-
worked mines, as per an agreement. It was alleged that they
were entitled under the agreement to instal plant, machinery
and other equipment for efficient discharge of their func-
tions as raising contractors. Pursuant to this agreement,
they installed valuable machinery, utensils and coke ovens
at a heavy cost. After nationalisation, they felt that there
would be difficulty for getting apportionment from the
appellant-company, of their due share in the compensation.
Therefore, they filed a claim under Section 26 of the Act
before the 4th respondent, the Commissioner of Payment,
Coking Coal Mines, a statutory authority constituted under
the Act. They also moved the High Court by way of writ
petition and contended that they were also owners of the
mines under the Act and were entitled to their share in the
compensation and prayed for a direction that they be paid
compensation at the market value for machinery, plant,
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equipment, building, stores etc. and in addition challenged
the validity of the Act. The challenge against the validity
of the Act became infructuous since the Act had been placed
in the 9th Schedule.A Division Bench of the High Court
accepted the plea of the writ petitioners, who are respond-
ents 1 and 2 here, held that these two were owners under the
Act, and
488
directed the 4th respondent to proceed with the claim ac-
cording to law. It is against this Judgment that this appeal
is filed, by special leave.
The appellants before us in their challenge against the
judgment of the High Court dispute the finding that respond-
ents 1 and 2 were also owners under the Act and deny that
they owned any part of the plant and machinery or equipment
which had been taken over under the Nationalisation Act
The matter is now pending before the 4th respondent, a
statutory authority under the Act. He has to decide about
the claims and if necessary to refer the matter to a compe-
tent civil court, if any dispute arises as to the right of
any person to receive the whole or any part of the amount.
We cannot go into the apportionment part of the claim. All
that we have to do in this appeal is to resolve the dispute
between the appellant and respondent Nos. 1 and 2, as to who
is the owner of the mines under the Act. In other words,
whether the appellants are the owners of the mines to the
exclusion of respondents 1 and 2 or not. Then we will have
to indicate the manner in which the debts due by the owners
have to be paid and which debt has priority over other
debts. This we will have to do after examining the scheme of
the Act with reference to some of the sections.
The first question to be answered is as to who is the
owner of the mine in question. The appellants contend that
they have exclusive fight over the compensation amount while
respondents 1 and 2 claim that they have a share in it. We
will refer to the sections brought to our notice to resolve
this dispute. Sections 4, 5, 3(n), 10 and 12 can be usefully
looked into for this purpose.
Section 4(1) declares that the right, title, interest of
the owners in relation to the mines shall stand transferred
to the Central Government on the appointed day, free from
all encumbrances. It reads thus:
"4(1)--On the appointed day, the fight, title
and interest of the owners in relation to the
coking coal mines specified in the First
Schedule shall stand transferred to, and shall
vest absolutely in the Central Government,
free from all encumbrances."
Similarly, Section 5 refers to the acquisition of fights
of owners of coke oven plants specified in the Second Sched-
ule by the Central
489
Government by virtue of operation of this Section. Section 5
reads as follows:
"5. On the appointed day, the rights, title
and interest of the owners of each of the coke
oven plants specified in the Second Schedule
being the coke oven plants which are situated
in or about the coking coal mines specified in
the First Schedule, shall stand transferred
to, and shall vest absolutely in the Central
Government free from all encumbrances."
A combined reading of these two sections, therefore, makes
it abundantly clear that the right, title, interest of the
owners in relation to the mines and the coke oven plants
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prescribed in the First Schedule and the Second Schedule
vest in the Central Government, free from all encumbrances
on the appointed day.
That takes us to the question as to who is the owner
contemplated by these two sections. The term ’owner’ has
been defined in Section 3(n). It reads as follows:
" "3(n) --’Owner’--
(i) When used in relation to a
mine, has the meaning assigned to it in the
Mines Act, 1952,
(ii) When used in relation to a coke
oven plant, means any person who is the imme-
diate proprietor of lessee or occupier of the
coke oven plant or any part thereof or is a
contractor for the working of the coke oven
plant of any part thereof."
For the purpose of the definition of the word ’owner’ in
relation to a mine, therefore, we have to examine the defi-
nition in the Mines Act, 1952. It reads as follows:
"2(1)(1)--’Owner’ when used in relation to a
mine, means any person who is the immediate
proprietor of lessee or occupier of the mine
or of any part thereof and in the case of a
mine the business whereof is being carried on
by a liquidator or receiver such liquidator or
receiver and in the
490
case of a mine owned by a company, the busi-
ness whereof is being carried on by a managing
agent, such managing agent; but does not
include a person who merely received a royali-
ty, rent or fine from the mine, or is merely
the proprietor of the mine subject to any
lease, grant or licence for the working there-
of, or is merely the owner of the said mine
and not interested in the minerals of the
mine; but any contractor for the working of a
mine or any part thereof shall be subject to
this Act in like manner as if he were an
owner, but not so as to exempt the owner from
any liability."
It is clear from the definition that it takes within its
ambit ’occupier of the mine or any part thereof’. It cannot
be disputed that respondents 1 and 2 here, admittedly a
raising contractor, were in occupation of at least a part of
the mine for their operation and thus an occupier within the
definition. They do not come within the exclusion clause in
the definition section. We have no hesitation, therefore, to
hold that respondents 1 and 2 is a owner within the defini-
tion of section 3(n) of the Act. For this conclusion of
ours, we are supported by a decision of this Court rendered
by a bench of three Judges, to which one of us was a party,
in the case of Industrial Supplies Private Limited v. Union
of India, [1980] 4 SCC 341. Construing the indentical sec-
tion, AP Sen, J, speaking for the bench held thus:
"22. It was asserted that the petitioners were
really not the managing contractors, but
wrongly described as such in the
agreement ........... The petitioners were
conferred all the fights to work the mine for
winning, getting and raising coal. The so-
called remuneration payable to them was virtu-
ally the price of coal supplied leaving to the
owners a margin of profit ......... The
petitioners having bound them-selves by the
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terms of the agreement, cannot be permitted to
escape from the provisions of sub-section (1)
of Section 4, as they come within the purview
of the definition of ’owner’ in section 3(n)
of the Nationalisation Act.
23. It is then argued, in the alter-
native, that the term ’owner’ as defined in
Section 3(n) of the Nationalisation Act read
with Section 2(1) of the Mines Act, 1952, does
not in any event include a raising contractor.
It is not suggested that a raising contractor
does not come within the description of a
contractor in Section 2(1), but it is argued
that the
491
word ’includes’ is not there. There was no
need for Parliament to insert the word ’in-
cludes’ because of the words ’as if he were’.
Although the term ’owner’ in common parlance,
in its usual sense, connotes ownership of a
mine, the term has to be understood in the
legal sense, as defined.
24. Parliament, with due delibera-
tion, in Section 3(n) adopted by incorporation
the enlarged definition of owner in Section
2(1) of the Mines Act, 1952, to make the
Nationalisation Act all embracing and fully
effective. The definition is wide enough to
include three categories of persons; (i) in
relation to a mine, the person who is the
immediate proprietor or a lessee or occupier
of mine or any part thereof, (ii) in the case
of a mine the business whereof is carried on
by a liquidator or a receiver, such liquidator
or receiver, and (iii) in the case of a mine
owned by a company, the business whereof is
carried on by a managing agent, such managing
agent. Each is a separate and distinct catego-
ry of persons and the concept of ownership
does not come in. Then come the crucial last
words; "but any contractor for the working of
a mine or any part thereof shall be subject to
this Act in like manner as if he were an
owner, but not so as to exempt the owner from
any liability." The insertion of this clause
is to make both the owner as well as the
contractor equally liable for the due observ-
ance of the Act. It is needless to stress that
the Mines Act, 1952, contains various provi-
sions for the safety of the mines and the
persons employed therein. In the case of a
mine, the working whereof is being carried on
by a raising contractor, he is primarily
responsible to comply with the provisions of
the Act. Though a contractor for the working
of a mine or any part thereof is not an owner,
he shall be subject to the provisions of the
Act, in the like manner as if he were an
owner, but not so as to exempt the owner from
any liability."
The learned counsel for the appellants in his attempt to
deny to respondents 1 and 2 any right in the compensation,
sought support from the names shown in the first and second
schedules which according to him clearly indicated who the
owner of the coal mines was and made his submission as
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follows: The first schedule gives the location of the mine
and the name of the owner. Section 4 refers to the owners
specified in the First Schedule to be a person whose right,
title and
492
interest shall vest in the Central Government on the ap-
pointed day. Section 4(3) which is an amended section gives
the Central Government powers to correct any error, omission
or misdescription in relation to the particulars of a coking
coal mine included in the First Schedule or the name and
address of the owner of any such coking coal mine. Section 5
also refers to the owner of each of the coke oven plants
specified in the second Schedule. He wants to emphasise the
fact that these sections by referring to owners mentioned in
the schedule by name, seek to exclude those who are not
mentioned therein.
Then he relies upon Section 10 of the Act for the same
purpose;, Section 10 reads as follows:
"10. Payment of amount to owners of coking
coal mines: The owner of every coking coal
mine or group of coking coal mines specified
in the second column of the first schedule,
shall be given by the Central Government, in
cash and in the manner specified in section
21, for vesting in it, under section 4, the
right title and interest of the owner in
relation to such coking coal mine or group of
coking mines, an amount equal to the amount
specified against it in the corresponding
entry in the fifth column of the said Sched-
ule."
Here also, the section shows that the amount of compensation
is to be paid to the owner of the coking coal mine specified
in the second column of the First Schedule. Reliance was
also placed on Section 12 for the same purpose. Section
12(1) and Section 12(2) also refer to the owner mentioned in
the first schedule. It is better to quote Section 12(1) and
12(2):
"12(1)--In consideration of the
retrospective operation of the provisions of
section 4 and section 5, there shall be given
by the Central Government in cash, to the
owner of every coking coal mine specified in
the First Schedule of the owner of every coke
oven plant specified in the Second Schedule,
an amount equal to the amount which would have
been, but for the provisions of the said
section 4 or section 5, as the case may be,
payable to such owner under the Coking Coal
Mines (Emergency Provisions) Act, 1971, for
the period commencing on the 1st day of May,
1972, and ending on the date of assent.
493
(2) In addition to the amount speci-
fied in sub-section (1), there shall be given
by the Central Government, in cash, to the
owner of every coking coal mine specified in
the First Schedule and the owner of every coke
oven plant specified in the Second Schedule,
simple interest at the rate of four per cent,
per annum on the amount specified against such
owner in the corresponding entry in the
fifth column of the First Schedule or the
Second Schedule, as the case may be, for the
period commencing on the date of assent and
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ending on the date of payment of such amount
to the Commissioner."
Emboldened with these submissions, specious though, and
the sections he ventured to meet the difficulty pased by
Section 20 of the Act which does not use the same phraseolo-
gy as in Sections 4, 5, 10 and 12. Chapter VI deals with
Commissioner of Payments. By Section 20(1), in this chapter,
the Central Government is given power to appoint the Commis-
sioner of Payments. It is necessary to read this Section, to
see how it is worded.
"20(1) For the purpose of disbursing the
amounts payable to the owner of each coking
coal mine or coke over plant the Central
Government shall appoint such person as it may
think fit to be the Commissioner of Payments."
The phraseology used in this section catches one’s eyes
immediately. Here the words used are "the amounts payable to
the owner of each coking coal mine or coke oven plant". The
word ’owner’ is not qualified with the expression "specified
in the second column of the First Schedule". Section 21 in
the same chapter is also useful for this discussion. It
reads:
"21(1). The Central Government shall, within
thirty days from the specified date, pay, in
cash, to the Commissioner, or payment to the
owner or a coking coal mine or coke oven
plant, a sum equal to the sum specified
against the coking coal mine or coke oven
plant, as the case may be, in the First Sched-
ule or the Second Schedule together with the
amount and interest, if any, referred to in
section 12.
(2) In addition to the sum referred
to in sub-section (1), the Central Government
shall pay, in cash, to the Commissioner, such
amount as may become due to the owner of a
coking coal mine or coke oven plant in rela-
tion
494
to the period during which the management of
the coking coal mine or coke oven plant re-
mained vested in the Central Government."
In Section 21(1) and 21(2) the owner of a coking coal
mine or coke oven plant is not qualified with the expression
"as specified in the First Schedule or the Second Schedule".
Section 21(3) directs the Commissioner appointed under the
Act to open and operate an account in a scheduled bank in
respect of each coking coal mine or coke oven plant. Section
21(4) stipulates that the Commissioner shall deposit the
amount of compensation to the credit of the account of the
coking coal mine or coke oven plant to which the payment
relates, and section 21(5) states that interest accruing on
the amount standing to the credit of the account shall
ensure to the benefit of the owner of coking coal mine or
coke oven plant, as the case may be. It is necessary to note
that in these sub-sections the owner is not specified by
name as the owner specified in the second column of the
First Schedule.
Absence of this specification in the above sections,
thus, creates difficulty for the appellants. Mr. Kacker
tried to get out of this difficulty by contending that the
’expression owner specified in the First Schedule’ must be
read into these sections also though they are absent there.
This attempt to deny any fights to the respondents 1 and 2,
on such a plea, cannot, in our view, succeed. The sections
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occurring in Chapter VI have deliberately avoided the ex-
pression "the owners in the First Schedule" so as to achieve
the object of the definition ’owner’ in the Mines Act, 1952,
which definition has been bodily borrowed by this Act. We
conclude this discussion holding, agreeing with the decision
of this Court referred to above, that respondents 1 and 2 as
occupiers are also owners. If the owner whose name is men-
tioned in column 4 is alone entitled to the compensation,
then there was no need for the remaining sections in Chapter
VI, for apportionment of the amount after considering the
various clauses.
What remains now is to lay down the guide lines to the
Commissioner regarding the priorities in which the debts due
by the mine owners have to be paid. Section 12-A deals with
the workers’ dues. It reads:
"12-A-- Workers dues to be paid out of the
amount:
(1) Out of the amount payable--
(a) under section 10 and section 12 to the
owner of
495
every coking coal mine or group of coking coal
mines;
(b) under section 11 and section 12 to the
owner to every coke oven plant,
there shall be paid to every person employed
by such owner a sum equal to the amount of
arrears due, on the appointed day, to such
employee,--
(i) in relation to a provident fund, pen-
sion fund; gratuity fund or any other fund
established for the welfare of such employee;
and
(ii) as wages.
(2) Every employee to whom the whole or any
part of the arrears referred to in sub-section
(1) is due shall file the proof of his claim
to the Commissioner within such time, after
the commencement of the Coking and Noncoking
Coal mines (Nationalisation) Amendment Act,
1973, as the Commissioner may fix.
(3) The provisions of Section 23 shall, as
for as may be, apply to the filing, admission
or rejection of the proofs referred to in
sub-section (2).
(4) The Commissioner shall, after the admis-
sion or rejection of the claims made under
sub-section (2), determine the total amount of
the arrears referred to in sub-section (1),
and shall, after such determination, deduct,
in the first instance, out of the amount paid
to him under section 21, a sum equal to the
total amount of such arrears.
(5) All sums deducted by the Commissioner
under subsection (4) shall, in accordance with
such rules as may be made under this Act, be
credited by the Commissioner to the relevant
fund or be paid to the persons to whom such
sums are due, and on such credit or payment,
the liability of the owner of the coking coal
mine or group of coking coal mines or coke
even plant, as the case may be, in respect of
the amounts of arrears
496
due as aforesaid, shall stand discharged.
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(6) The deduction made by the Commis-
sioner under sub section (4) shall have prior-
ity over all other debts, whether secured or
unsecured.
(7) Save as otherwise provided in the
foregoing subsections, every secured debt due
from the owner of a coking coal mine or group
of coking coal mines or coke oven plant, as
the case may be, shall have priority over all
other debts and shall be paid in accordance
with the rights and interests of the secured
creditors."
This section makes the owner, who has employed the workers,
liable for their wages and other dues. This section contains
the procedure for making the claim, its proof and determina-
tion. The important fact to be noted regarding these dues
is, as provided in sub-section (6) that the payment under
this section shall have priority over all other debts wheth-
er secured or unsecured. This is made further clear by
Section 23(2) also. Secured creditors come next in priority.
They will have priority regarding their dues subject to the
amounts payable to the workers.
Now coming to the other claims, we will briefly examine
the relevant sections. The amount of compensation payable
under the Act is kept at the disposal of the Commissioner of
Payment by the Central Government. Section 23 provides that
every person who has a claim against the owner may prefer
the same before the Commissioner within the stipulated
period. We have already noted that section 23(2) provides
for priority of payments for debts, in the nature of wages
and salary, amounts due towards contribution payable under
the Provident Fund Act, amounts due under the Workmen’s
Compensation Act, amounts due to the employees from pension,
gratuity. This section in addition speaks of sums due to the
State Government as royalty, rent or dead rent. Section
23(3) provides that the amount payable under sub-section (2)
mentioned above shall rank equally among themselves and be
paid in full and if the assets are not sufficient, the
balance amount payable shall abate. This section should be
read subject to Section 12A(6) and (7). The sums due to the
State Government shall be subject to amounts payable to
employees and secured creditors, because Section 23(2)
speaks of payment of debts mentioned therein in priority to
all other unsecured debts. Section 23(4) to (9) lays down
the procedure for entertaining and hearing of the claims
against the
497
Owner. There is provision for giving a heating to the claim-
ants as well as to the owner before the Commissioner. The
decision of the Commissioner is subject to appeal, the
Appellate Court being the Principal Civil Court of original
Civil Jurisdiction within whose local limits the relevant
mine is situated. Section 24 provides that where the total
amount of claim admitted by the Commissioner does not exceed
the amount of money payable to the owner under the Act then
the amount of admitted claim shall be paid in full and the
balance remaining shall be paid to the owner. It also pro-
vides that when the amount payable to the owner falls short
to meet the full and total demand of the admitted claim then
every such claim is to abate in equal proportion and shall
be paid accordingly. Section 25 makes provision for payment
of amounts advanced by the Central Government for the man-
agement of the mine. It is stipulated therein that such
amounts can be recovered either out of the income derived by
the mine in the period during which the same remained under
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the management by the Central Government till the ownership
vested in it or if the amount advanced is not so recovered
then the Central Government is enabled to make a claim
before the Commissioner and this claim will have priority
over the claim of all other unsecured creditors of the mine.
In considering this claim, the Commissioner, will have to
see to which owner advances were made, and after ascertain-
ing this fact, make such owner liable for the advances.
Section 26 deals with cases where doubt or dispute
arises as to the right of the person who is entitled to
receive the compensation. The section provides that the
Commissioner shall refer the claim to the Court of competent
jurisdiction, which in relation to a coking coal mine or
coke oven plant means the Principal Civil Court of original
jurisdiction within the local limits of whose jurisdiction
the coking coal mine or the coke oven plant is situated, in
the event of there being a doubt or dispute as to the fight
of a person to receive whole or any part of the amount
referred to in sections 10, 11 and 12.
After reading the scheme of the Act, it is now necessary
to lay down further guide-lines to the Commissioner as to
how the amount of compensation has to be apportioned. We
have seen above that raising contractors will also come
within the ambit of the expression ’owner’ in the Act.
Therefore, they are also entitled to pro rata distribution
of the compensation deposited. Before the High Court, re-
spondents 1 and 2 pleaded that out of the amount which is
payable, all the claims admitted by the Commissioner under
Section 23 cannot be deducted from the share of the compen-
sation amount. In other words, the con-
498
tention was that debts due by the company should not be
taken into account when the amount due to the raising con-
tractors is ascertained. That is, the share of the raising
contractors in the amount of compensation should not be
burdened with the debts of the original owner. It is submit-
ted that there are huge claims against the company. If those
debts were to be deducted from the gross amount specified in
column 5 of the First Schedule, it would work serious hard-
ship to the raising contractors and would be doing violence
to the scheme of the section and at the same time doing
injustice to those who are not liable for the said debts.
The definition of the word ’owner’ clearly indicates that
there may be more than one owner within the meaning of the
section 2(n) in relation to a mine. Each of them would be
entitled to a portion of the amount shown in column 5 of the
First Schedule. Claims admitted can be deducted only from
the amount payable to that owner against whom the admitted
claim relates. To read sections 23 and 24 to mean that all
the owners must bear burden of the admitted claim irrespec-
tive of the fact as to who is liable under these claims,
would be to do injustice to the section and doing violence
to the language of the section. The proper manner in which
these sections have to be understood is that the admitted
claims can be deducted from the amount payable only when
such claim relates to the owner concerned. In other words,
it is only the owner who has incurred the said debt that
would be liable to pay the same. Care should be taken to see
that the amounts of debts of one owner is not deducted from
the compensation amount payable to the other owner who does
not owe that money.
The apprehension expressed by the learned counsel for
respondents 1 and 2 that his clients should not be visited
by adverse consequences by burdening their share of compen-
sation with the company’s debts is well founded. The section
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cannot be read to create such an undesirable situation. Care
should be taken in ascertaining the debts of each owner not
to identify the debts, the burden of which will fall on
which owner.
Then comes section 25-A which enables the Commissioner
to make payment to the owners. It reads:
"25-A Notice to owners of coking coal mines of
coke oven plants and managing contractors,
etc.
(1) After meeting the liabilities of
persons whose claims have been admitted under
this Act, the Commissioner shall notify in
such manner as he may think fit, the
499
amount of money available with him and specify
in such notification a date within which the
owners of the coking coal mines or coke oven
plants, the managing contractors and the
owners of any machinery, equipment or other
property which was vested in the Central
Government company under this Act and which
does not belong to the owners of the coking
coal mines or coke oven plants may apply to
him for payment.
(2) Where any application is made under
sub-section (1), the Commissioner shall, after
satisfying himself as to the right of the
applicant to receive the whole or any part of
the amount, pay the amount to the person
concerned and in the event of there being a
doubt or dispute as to the right of the person
to receive the whole or any part of the
amount, the Commissioner shall deal with the
application in the manner specified in sub-
section (1) of Section 26."
This section deals with the distribution of the balance
amount after meeting the liabilities. This has to be dis-
tributed according to the fight of each owner determined by
the Commissioner and in case of dispute refer the dispute to
a competent court.
In this case, there are five mines. The appellants claim
to be the exclusive owner of all the five mines. We have
held that respondents 1 and 2 are also owners. But they do
not claim right in all the mines. Under Section 26(3), newly
inserted by the Coal Mines Nationalisation Laws (Amendment)
Act, 1986, No. 57 of 1986, it is for the Commissioner to
apportion the amount as indicated therein. The amended
clause (3) reads as under:
"(3) Where the amount specified in the
fifth column of the First Schedule is relata-
ble to a group of coking coal mines, the
Commissioner shall have power to apportion
such amount among the owner of such group, and
in making such apportionment, the Commissioner
shall have regard to the highest annual pro-
duction in the coking coal mine during the
three years immediately preceding the appoint-
ed day."
The Commissioner will have to determine the share of the
compensa-
500
tion of the mine claimed by respondents 1 and 2 in accord-
ance with this section.
We have indicated above, the guidelines to be adopted in
apportioning the compensation. We find that the High Court
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was correct in its conclusions. The appeal has therefore to
fail and accordingly is dismissed with costs of Respondents
1 & 2.
M.L.A. Appeal dis-
missed.
501