COAL INDIA LTD. AND ANR. versus M/S. CONTINENTAL TRANSPORT AND CONSTRUCTION CORPORATION AND ORS. ETC.

COAL INDIA LTD. AND ANR. versus M/S. CONTINENTAL TRANSPORT AND CONSTRUCTION CORPORATION AND ORS. ETC.

Directions issued by the Coal Controller under Clause 8 of the Colliery Control Order are binding and override any contractual terms; opportunity of hearing is not required for such regulatory directions, and a writ of mandamus may enforce them.

Parties
Appellant: Coal India Ltd.; Respondent: Continental Transport and Construction Corporation; Respondent: Union of India; Appellant: Central Coalfields Limited
Jurisdiction
India
Judgment Date
18 March 1997
Procedural Posture
Civil Appeal / Supreme Court Appeal From Calcutta High Court Judgment
Outcome
Appeals dismissed
Legal Topics
Essential Commodities, Colliery Control Order, Coal Allocation, Natural Justice, Regulatory Directions, Contract V. Statutory Directions
Administrative Law Constitutional Law Commercial Law Essential Commodities Colliery Control Order Coal Allocation Natural Justice Regulatory Directions +1 more

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Parties

Coal India Ltd.

Appellant

Continental Transport and Construction Corporation

Respondent

Union of India

Respondent

Central Coalfields Limited

Appellant

Procedural Posture

Civil Appeal / Supreme Court Appeal From Calcutta High Court Judgment

Legal Issues

  1. 1 Whether the Coal Controller can issue directions overriding contractual arrangements regarding coal supply under LSS-II.
  2. 2 Applicability of principles of natural justice (audi alteram partem) to regulatory directions under Colliery Control Order.
  3. 3 Whether writ of mandamus can be issued to enforce Coal Controller's directions.

Ratio Decidendi

Directions issued by the Coal Controller under Clause 8 of the Colliery Control Order are binding and override any contractual terms; opportunity of hearing is not required for such regulatory directions, and a writ of mandamus may enforce them.

Court Disposition

Appeals dismissed

Orders

  • Directions of the Coal Controller dated 12.4.1994 are upheld and must be implemented.
  • No order as to costs.