Robert Addie & Sons' Collieries, Ltd v. Sullivan [1916] ScotLR 600 (09 June 1916)

Robert Addie & Sons' Collieries, Ltd v. Sullivan [1916] ScotLR 600 (09 June 1916)

The respondent was not validly appointed as timechecker because the statutory requirements for appointment, including a meeting at which the appointment was made and a correct statutory declaration, were not satisfied. The declaration misstated the facts, and no appointment was made at a meeting as required by statute. Even if the ballot was valid, the statutory declaration was not made by the presiding officer at the appointing meeting, rendering the appointment invalid.

Citation
[1916] ScotLR 600
Parties
Complainer: Robert Addie & Sons' Collieries, Limited; Respondent: Thomas Sullivan
Jurisdiction
Scotland
Judgment Date
09 June 1916
Procedural Posture
Note of Suspension and Interdict / Inner House, First Division, on Reclaiming Motion
Outcome
Interdict granted with variation
Legal Topics
Appointment of Timechecker, Statutory Requirements for Appointment, Coal Mines Regulation, Checkweigher Procedures, Statutory Declaration
Labour Law Mining Law Statutory Interpretation Appointment of Timechecker Statutory Requirements for Appointment Coal Mines Regulation Checkweigher Procedures Statutory Declaration

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Parties

Robert Addie & Sons' Collieries, Limited

Complainer

Thomas Sullivan

Respondent

Procedural Posture

Note of Suspension and Interdict / Inner House, First Division, on Reclaiming Motion

Legal Issues

  1. 1 Whether the respondent was validly appointed as timechecker under the relevant statutory provisions
  2. 2 Whether the statutory declaration and appointment procedure complied with the Coal Mines (Weighing of Minerals) Act 1905 and Coal Mines Regulation Act 1908

Ratio Decidendi

The respondent was not validly appointed as timechecker because the statutory requirements for appointment, including a meeting at which the appointment was made and a correct statutory declaration, were not satisfied. The declaration misstated the facts, and no appointment was made at a meeting as required by statute. Even if the ballot was valid, the statutory declaration was not made by the presiding officer at the appointing meeting, rendering the appointment invalid.

Court Disposition

Interdict granted with variation

Orders

  • Interdict against the respondent from entering the colliery or acting as timechecker, except as inspector under section 16 of the Coal Mines Act 1911, so long as he does not hold a valid appointment as timechecker at the colliery.