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1995 Supreme(Cal) 89

S.B.SINHA
COAL MINES OFFICERS ASSOCIATION OF INDIA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Advocates: A.P.CHATTERJEE, AJEYA MITRA, ALOK BANERJEE, ARCHANA SENGUPTA, P.K.ROY, RANJIT TALUKDAR, S.C.Ukil, S.KUNDU, SAKTI NATH MOOKERJEE, SARBANI MUKHERJI

S. B. SINHA, J.

( 1 ) THE petitioner in this application have, inter alia, questioned a notification dated 4-2-1994 issued by the Central Government in exercise of its power conferred upon it under Section 24 (1) of the Mines Act, 1952 (hereinafter referred to as 'the said Act ).

( 2 ) THE fact of the matter lies in a very narrow compass. The petitioner No. 1 is an Association of Officers of Coal Industries and the petitioner No. 2 is the General Secretary of the petitioner No. 1. The other petitioners are Officers of the New Kenda Colliery belonging to Eastern Coal Fields Ltd. An accident occurred in the said New Kenda Colliery as a result whereof 55 lives were lost on 25-1-1994. The impugned notification reads thus :-"whereas an accident took place on 25th January, 1994 at New Kenda Colliery of Eastern Coal Fields, situate at Burdwan District in the State of West Bengal as result of which there has been loss of lives and properties. And whereas it is the opinion of the Central Government that there must be formal enquiry regarding the causes of the accident and the circumstances relating thereto. Hence, the Central Govt. in exercise of the provision laid down under sub-section (i































































































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