JUDGMENT

S.C. Agrawal, J.-Special leave granted.

2. These appeals are directed against the judgment of the Calcutta High Court dated October 31, 1995 in appeals arising out of Matters Nos. 940 and 941 of 1994 decided by the learned single Judge of the High Court by order dated April 6, 1995. Since they raise common questions, they are being disposed of together.

3. In exercise of the power conferred on it by sub-rule (2) of Rule 81 of the Defendant of India Rules, 1939 the Central Government has made the Colliery Control Order, 1945 (hereinafter referred to as the Colliery Control Order ) which has been continued in force and is now in operation by virtue of Section 16 of the Essential Commodities Act, 1955, since coal is an essential commodity under Section 2(a)(ii) of the said Act. The Colliery Control Order makes provisions for regulating the production, supply and distribution of coal. The Colliery Control Order postulates that coal shall be supplied by the colliery owner to a person engaged in the business of production, supply and distribution of or trade or commerce in coal on the basis of an order of allotment issued by the Coal Controller. By Notification dated July 24, 196