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1994 Supreme(SC) 636

KULDIP SINGH, N.P.SINGH, P.B.SAWANT
Bhubaneshwar Singh – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.BANERJEE, A.K.SEN GUPTA, A.MARIAPUTHAM, Altaf Ahmed, AMIAN GHOSH, Anip Sachthey, BHARAT SANGAL, C.D.Singh, C.V.SUBBA RAO, D.N.GOVARDHAN, HIMANSHU MUNSHI, K.J.JOHN, Naresh Bakshi, P.PARMESHVARAN, R.C.BHATIA, R.F.NARIMAN, R.N.BANERJEE, R.N.SACH, RATHIN DAS, ROXNA S.SWAMY, S.B.SANYAL, SUMAN JYOTI KHAITAN, SUSHMA SURI

JUDGMENT

N.P. Singh, J.

1. This writ application has been filed on behalf of the petitioners, questioning the validity of the Coal Mines Nationalisation Laws (Amendment) Ordinance, 1986, primarily on the ground that it purports to nullify the judgment of this Court in the case of Central Coal Fields Ltd. Etc. v. Bhubaneswar Singh and Ors.,. The ordinance has been replaced by the Coal Mines Nationalisation Laws (Amendment) Act, 1986.

2. In order to appreciate the controversy involved in this case, it is proper to refer to the background in which the aforesaid amending Act was passed. The Coking Coal Mines (Emergency Provisions) Ordinance was promulgated in the Year 1971, which was replaced by the Coking Coal Mines (Emergency Provisions) Act, 1971. In view of Section 3 of the aforesaid Ordinance/Act, management of all the Coking Coal Mines vested in the Central Government on and from 17.10.1971, being the appointed date. The Central Government appointed custodians to take over the management of the Coking Coal Mines. Such Coking Coal Mines remained under the management of the Central Government through the custodian during the period from 17.10.1971 to 30.4.1972. The Coking Coal Mines (






























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