JUDGMENT

SINGH, J. : — By means of this petition under Art. 32 of the Constitution, the petitioner has invoked the jurisdiction of this Court purporting to do so on behalf of 700 workmen claiming relief for issue of a writ of mandamus directing the respondents to declare that Natundihi Pahariabera Colliery has vested in the Central Government and in the alternative directing the Union of India to take over the colliery under the Coal Mines (Nationalisation) Act, 1973 and treat the petitioner and other workmen as workmen of the Central Government and to work the colliery by employing the workmen and to pay them arrears of their wages with effect from April, 1980.

2. Subodhchandra Mondal, respondent No. 4 obtained a composite lease for mining coal and fire clay and other minerals for a period of 30 years in respect of an area of 344.44 acres comprising Natundihi Pahariabera Colliery from the Government of West Bengal. According to the petitioner Subodhchandra Mondal after obtaining permission from the authorities commenced the extraction of coal from the mine in 1973 and in that connection he employed the petitioner and 700 workmen. Subodhchandra Mondal was prevented from working the coal mine in view of the nationalisation of the coal mines under the provisions of the Coal Mines (Nationalisation) Act, 1973 (hereinafter referred to as the Nationalisation Act). After the closure of the coal mine the petitioner and 700 workmen were rendered unemployed and in spite of several representations to the Government of West Bengal, the Coal India and the Central Government nothing was done to alleviate their hardship. The petitioner has asserted that they have been thrown out of employment although under sec. 14 of the Nationalisation Act they continue to be the employees of the Central Government and are entitled to their wages. On behalf of Coal India respondent No. 2 a Government company, counter-affidavit has been filed disputing the petitioners claim. It is asserted that although Subodhchandra Mondal had obtained lease for extracting coal in the Natundihi Palariabera in the State of West Bengal but he never extracted coal and there was no coal mine in existence either on the enforcement of the Coal Mines (Taking Over of Management) Act 1973 or on the date when the Nationalisation Act came into force. It is averred that in March, 1978 the Director General of Mines received information that Subodhchandra Mondal was indulging in extracting coal illegally, action was taken against him. After the enforcement of the Coal Mines Nationalisation (Amendment) Act 1976 all mine leases including that of Subodhchandra Mondal stood terminated with effect from 29th April, 1976 and thereafter Subodhchandra Mondal was not entitled to carry on any coal mine. It is further asserted that since on the appointed day no coal mine existed, there was no question of taking over of the mine either under the Management Act or under the Nationalisation Act. Petitioner and other workmen who may have been employed by Subodhchandra Mondal have no right to be the employees of the Central Government or of the Government Company.

3. The Coal Mines (Taking Over of Management) Act, 1973 was enacted to provide for the taking over of the Management of coal mines, "pending nationalisation of such mines with a view to ensuring rational and co-ordinated development of coal production and for promoting optimum utilisation of the coal resources consistent with the growing requirements of the country, and for matters connected therewith or incidental thereto." Section 2(b) of the Act defines a coal mine to mean "a mine in which there exist one or more seams of coal." Section 3(1) provides that on and from the appointed day (i.e. January 31, 1973) the management of all coal mines shall vest in the Central Government. Section 3(2) provides that the management of coal mines specified in the Schedule shall be deemed to vest in the Central Government. Proviso to Section 3(2) lays down