STATE OF BIHAR versus S. K. ROY
The respondent is not the owner of a coal mine within the meaning of Section 2(b) of the Mines Act, 1952, as he owns only a coke plant not engaged in mining operations nor under the same ownership as the adjacent coal mine. Subsidiary works or plants are only part of a coal mine if they appertain to it in ownership...
Source-derived case information.
- Parties
- Appellant: State of Bihar; Respondent: S. K. Roy
- Jurisdiction
- India
- Judgment Date
- 25 April 1966
- Procedural Posture
- Criminal Appeal / Supreme Court Appeal From High Court Acquittal
- Outcome
- Appeal dismissed
- Legal Topics
- Definition of 'coal Mine', Employer Under Coal Mines Provident Fund and Bonus Schemes Act, Interpretation of Mines Act Provisions
Source-derived case record
Summary, issues, holding and outcome
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Parties
State of Bihar
Appellant
S. K. Roy
Respondent
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Acquittal
Legal Issues
- 1 Whether the owner of a coke plant adjacent to a coal mine is an 'owner of a coal mine' and hence an 'employer' within the meaning of the Coal Mines Provident Fund and Bonus Schemes Act, 1948 and the Mines Act, 1952.
Ratio Decidendi
The respondent is not the owner of a coal mine within the meaning of Section 2(b) of the Mines Act, 1952, as he owns only a coke plant not engaged in mining operations nor under the same ownership as the adjacent coal mine. Subsidiary works or plants are only part of a coal mine if they appertain to it in ownership and operation for the purpose of obtaining coal.
Court Disposition
Appeal dismissed
Orders
- High Court acquittal of respondent affirmed
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