S. S. Sandhawalia, C. J.–Whether the Central Government or the Government Company (as the case may be) is liable for the whole of the claim of gratuity of a workman superannuating after the appointed day of 1st May, 1972, irrespective of the earlier period of service rendered to the previous owner, in view of section 17 of the Coking Coal Mines (Nationalisation) Act, 1972 is the significant question necessitating this reference to the Full Bench. Equally at issue is the correctness of the earlier Division Bench JUDGMENT : on this point in M/s Coal Fields Limited v. Mrs. Prabhawati Rairkar and others (CWJC No. 66 of 1978 (R), decided on March 10, 1983.

2. The facts are not in dispute and lie in a narrow compass. Sital Chandra Pathak, respondent No.1, was appointed as a Mining Sirdar way back on the 24th of June, 1946 in Katras Chaitudih Colliery then owned by Messrs Barakar Coal Company Limited. He served the said colliery in that capacity and thereafter was promoted as an Overman with effect from the 20th of October, 1950. The services of respondent No. 1 were terminated by Messrs Barakar Coal Company Limited with effect from the 12th of March, 1968. Respondent No.1 along