JUDGMENT

KULDIP SINGH, J. :—The Tata Iron and Steel Company Limited (the Company), respondent in the appeal herein is primarily engaged in the manufacture of iron and steel/iron and steel materials. According to the Company, it owns captive "coking coal mines" has also installed "coke oven plants" within the factory premises and as such it comes within the definition of colliery under the Colliery Control Order, 1945 (the Order) promulgated by the Government of India. The State of Bihar, with the prior concurrence of the Central Government, and in exercise of the powers conferred by the Section 3 of the Essential Commodities Act, 1955, has issued an order called the Bihar Trade Articles (Licenses Unification) Order, 1984 (the Unification Order).The question for consideration in this appeal is whether the Company is a dealer within the Unification Order, and as such is governed by the provisions thereunder. A Dvision Bench of the Patna High Court has answered the question in the negative and in favour of the Company. This appeal by the State of Bihar is against the judgment of the Patna High Court dated April 14, 1988.

2. The Company has its registered office at Bombay and its integr