R. N. MISRA, J.

( 1 ) THE National Coal Development Corporation Limited, incorporated under the companies Act, 1 of 1956, is wholly owned by the Government of India and carries on extensive mining operation in coal throughout the country. It has five collieries within the Talcher Sub-division of the district of Dhenkanal of this state, namely-

(i) Talcher Colliery, (ii) Deulbera Colliery, (iii) South Balanda Colliery, (iv) Jagannath Colliery, (v) Nandira Colliery.

Petitioner alleges that for the carrying out of mining operations a Large number of workmen have been engaged and it is customary in the mining industry that such workers within the mining area draw coal for their own domestic consumption. This traditional advantage has been recognised in several industrial adjudications and settlements between mine owners and their workmen. Coal mines are located in various States of the country and though they are properties of the various States where located, their regulation and development is controlled by a Central Act entitled the Mines and Minerals (Regulation and Development) Act (Central Act 67 of 1957) (hereinafter referred to as the 'act' ). Under its provisions, royalty has