1. This writ application has been filed making a prayer for quashing the order dated 15-12-1987 passed by respondent No. 2 (Additional District Judge, VIIth, Dhanbad) in Misc. Appeal No. 100 of 1978 arising out of an order dated 11-7-1978 passed by the Assistant Commissioner of Payments, Respondent No. 3, in Claim Case No. DHB 1126 of 1976. By the aforesaid order dated 15-12-1987 (Annexure 5) the learned Additional District Judge, VIIth, Dhanbad, allowed the appeal of respondent No. 1 - Union of India and set aside the order dated 11-7-1978 passed by the Assistant Commissioner of Payments.

2. The claim case before the Commissioner arose out of claim raised by the claimant - Union of India for a sum of Rs. 3,18,618.45 paise which has subsequently amended on the basis of the audit report as Rs. 3,92,696.00 against the petitioners.

3. The case of the claimant-Respondent, in brief, is that under Sec. 3 of the Coal Mines (Taking over of Management) Act, 1973, the management of the coal mines vested in the Central Government with effect from 31-1-1973 and the colliery was managed till 30-4-1973. Thereafter Coal Mines (Nationalisation) Act, 1973 came into force from Ist May, 1973,