Calcutta High Court
Partha Ghosh vs Coal India Ltd. & Ors on 5 January, 2018
Author: Arijit Banerjee
Bench: Jyotirmay Bhattacharya, Arijit Banerjee
ORDER SHEET
W.P. No.528 of 2017
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
PARTHA GHOSH
Versus
COAL INDIA LTD. & ORS.
BEFORE:
The Hon'ble ACTING CHIEF JUSTICE JYOTIRMAY BHATTACHARYA
The Hon'ble JUSTICE ARIJIT BANERJEE
Date : 5TH JANUARY, 2018.
Appearance:
Mr.Partha Ghosh appears in person.
Mr.A.Sinha,Advocate
Mrs.Sanchita Barman Roy,Advocate
....for ECL.
Mr.Rudrojyoti Bhattacharyay,Advocate
Mr.Pradip Dutt,Advocate
Mr.Nikhil Roy,Advocate
...for respondent Nos.13 & 14.
The Court : This public interest litigation has been filed with the grievance that the Mines Creche Rules, 1966 have not been implemented till date. The said Rules were framed by the Central Government in exercise of the power conferred by clauses (d) & (w) of Section 58 of the Mines Act, 1952. Under the said Rules, the competent authority has been defined as Coal Mines Welfare Commissioner in respect of coal mines.
Mr.Sinha, learned counsel appearing for the Eastern Coalfields Ltd. submits that the post of Coal Mines Welfare Commissioner created 2 under the Coal Mines Labour Welfare Fund Act, 1947 has been repealed by the Coal Mines Labour Welfare Fund (Repeal) Act, 1986. Hence, 1966 Rules cannot be implemented.
We have heard the learned counsel for the parties. The Central Government framed the 1966 Rules. If the post of the competent authority as defined in the said Rules does not exist any more, the Central Government will have to amend the Rules to give the responsibility of implementation of the Rules to a particular officer. We, therefore, direct the Central Government to make appropriate amendments to the Mines Creche Rules, 1966 so that a competent authority may be appointed in substitution of the Coal Mines Welfare Commissioner who can implement the said Rules. Such amendment should be carried out within six months from date. After such amendment is carried out, the said Mines Creche Rules, 1966 shall be implemented by the respondents, as expeditiously as possible without any unnecessary delay preferably within two years after such amendment.
Thus, the writ petition being W.P.No.528 of 2017 is disposed of.
(JYOTIRMAY BHATTACHARYA, ACJ.) (ARIJIT BANERJEE, J.) ssaha AR(CR)