The judgment established the principle of preventing discrimination in the prescription of experience/training for mine examinations and emphasized the need for reasonable promotional opportunities in the mining sector.

The petitioner Association consists of Workers in Beach Mineral Mines like Garnet, Ilmenite, Rutile etc. Unlike Underground mining and Open Cast Mining, Placer Mining or Beach Mineral Mining involves scooping of placer deposits by using spades and baskets. The post of Mine Foreman and Mining Mate are governed by Metalliferous Mines Regulations 1961 (hereinafter called "the Regulations). The members of the petitioner Association sought for exemption from possessing blasting experience certificates to appear for Mine Foreman/Mining Mate Examination. But, the same was returned by the first respondent on the ground that exemption cannot be granted in terms of Mining Regulations.

2. The petitioner Association would contend that the members of the petitioner Association have got general qualification and they have also got practical experience in Metalliferous Mine as adumbrated in Regulation 18. The members of the petitioner Association have no occasion to use any machinery or explosive while carrying out placer mining or Beach Mineral Mining Operation. The Regulations would indicate that practical experience in mining is sufficient to appear for the examination either for Mine Foreman or for Mining Mate. The Placer Mining does not involve any blasting as removal of Beach Placer is the operation involved in Beach Mineral Mining. It is submitted that the petitioner Association has been languishing in mines for several years as labourers though they are entitled to be appointed either as Mine Foreman or as Mining Mate through the examination conducted by the first respondent Board.

3. The respondents filed counter stating that under Regulation 13(4) of the Regulations, the Board of Mining Examination has been given the power to make bye laws as to the conduct of the examinations as well as the standard of knowledge required for grant of certificates of any particular class. Practical experience is required for the examination of the Mate and Blasting services as laid down by Regulation 18 and also by the bye laws framed by the Board in that regard. Regulation 18(3) of the Regulations also gives power to the Board to specify the nature of practical experience required from the candidates appearing for Mate and Blasting Examinations. Only after considering the risk and responsibilities involved in the duties of Mining Mate and Mine Foreman in the background of the Regulations and Bye laws governing the conduct of examinations, the representation made by the members of the petitioner Association was returned stating that the exemption of that kind could not be granted. It is further contended that under Regulation 160, blasting is to be done by a competent person viz., Blaster or a Mate or a Foreman. A Mate has a dual responsibility of not only supervising in general but also conducting and supervising blasting operation. Though Beach Mineral Mining does not require blasting and the members of the petitioner Association are not engaged in blasting operations while doing Beach Mineral Mining operation, the members of the petitioner association cannot escape the mandatory provision of law by seeking exemption from practical experience in blasting operation, it is contended.

4. There are three types of mining operations. As far as Underground Mining is concerned, minerals like coal and gold are excavated by forming a tunnel under the ground without disturbing the surface of the land. In Open Cast Mining, top of the soil is removed and heaped in a separate place and minerals are quarried by using machinery and explosives. As far as Placer Mining or Beach Mineral Mining is concerned, the minerals which are deposited in the shoreline due to the violent action of the sea waves and shore currents are scooped by using spades and baskets. There is no dispute to the fact that the members of the petitioner Association are involved only in Placer Mining or Beach Mineral Mining which does not require either excavation or blasting by usin