# STATE OF BIHAR v. S. K. ROY

- **Citation:** [1966] Supp. 1 S.C.R. 259
- **Court:** Supreme Court of India
- **Decided:** 1966-04-25
- **Case number:** Criminal Appeal No. A 158 of 1965
- **Bench:** M. Hidayatullah, V. Ramaswami
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/state-of-bihar-v-s-k-roy-3849
- **Pages:** 6

## Headnote

259
Coal Mines Provident Fund and Bonus Schemes Act, 1948, Sec.
2(c)-"Employer"-meaning of-by reference to the meaning of an
"owner", of a "coal mine"-as defined in Sec. 2, Mines Act, 1952.
The respondent owned a coke plant which originally belonged
to a group of collieries but was later transferred to hni;. It was
Situated adjacent to a coal mine on the surface land which formed
part of the coal fields beneath which the coal mine was worked. The
respondent did not mine or excavate coal himself nor carry on any
operation for the purpose of obtaining coal. His coke plant was a
bye-product Plant in which hard coke as well as some other byeproducts were manufactured.
The respondent was prosecuted under para 70 of the Coal Mines
Provident Fund Scheme issued under the Coal
Mines Provident
Fund and Bonus Schemes Act, 1948 (Act 46 of 1948) on a complaint
that as an owner of a coal mine and an employer within the meaning of the Scheme, he had failed to pay certain contributions to the
Provident Fund. Although he was convicted by the trying Magistrate
and his appeal to the Sessions Judge dismissed, the High Court allov:ed a Revision Application and set aside the conviction.
The question .for consideration in the appeal to this Court was
whether the respondent was an owner of a coal mine within the
meaning of s. 2 of the Mines Act, 1952 and therefore an employer as
defined by Section 2(e) of Act 46 of 1948. The expression "coal mine"
in Section 2(b) of the Mines Act, 1952 means "any excavation where
any operation fOr the purpose of obtaining coal has been carried on
and includes all works, machinery, tramways and sidings,
whether above or below ground, in or adjacent to or belonging to a coal
mine".
HELD:
The respondent was not the owner of a coal mine within the
meaning of Section 2(b)' of the Mines Act, 1952 and the High Court
had rightly acquitted him. [264 C].
The expression
11belonging to a coal mine" is the controlling expression governing all aspects of the activities of the coal mine v .. rithin the definition of s. 2(b) and all subsidiary things such as works,
machinery, tramways, and sidings are brought within the definition
of the "coal mine" only if they appertain to the coal mine, that is to
say, if they are under the same ownership. In order to carry out the
legislative intention it is therefore necessary to substitute the conjunction "and" for the Conjunction "or" in the definition of a '
1coal
mine" in s. 2(b) of the Act. [262 D-E].
Section 2(b) of the Coal Mines Provident Fund and Bonus
&hemes (Amendment) Act, 1965 and Ormond Investment Co. Limited v. Betts: 1928 A.C. 143, 156; referred to.
260
SUPR<llE COURT REPORTS
[1966] Sl:PP. R.U.R.
CRJMl:-;AL APPELLATE
J~RISDICTION: Criminal Appeal No.
A
158 of 1965.
Appeal from the judgment and order dated September 15,
1965 of the Rihar High Court in Criminal Revision No. 1326 of
1963.
B
R. H. Dhebar, V. 0. Malwju11 and B. R. G. K. Achar, for the
appellant.
N. C. Chatterjee, Supraka1h Ban11erjet and Sukumar Ghose.
for the respondent.

## Text

A
•
B
c
D
E
F
•
G
H
STATE OF BIHAR
v.
S. K. ROY
April 25, 1966
[M. HIDAYATULLAH AND V. RAMASWAMI, JJ.]
259
Coal Mines Provident Fund and Bonus Schemes Act, 1948, Sec.
2(c)-"Employer"-meaning of-by reference to the meaning of an
"owner", of a "coal mine"-as defined in Sec. 2, Mines Act, 1952.
The respondent owned a coke plant which originally belonged
to a group of collieries but was later transferred to hni;. It was
Situated adjacent to a coal mine on the surface land which formed
part of the coal fields beneath which the coal mine was worked. The
respondent did not mine or excavate coal himself nor carry on any
operation for the purpose of obtaining coal. His coke plant was a
bye-product Plant in which hard coke as well as some other byeproducts were manufactured.
The respondent was prosecuted under para 70 of the Coal Mines
Provident Fund Scheme issued under the Coal
Mines Provident
Fund and Bonus Schemes Act, 1948 (Act 46 of 1948) on a complaint
that as an owner of a coal mine and an employer within the meaning of the Scheme, he had failed to pay certain contributions to the
Provident Fund. Although he was convicted by the trying Magistrate
and his appeal to the Sessions Judge dismissed, the High Court allov:ed a Revision Application and set aside the conviction.
The question .for consideration in the appeal to this Court was
whether the respondent was an owner of a coal mine within the
meaning of s. 2 of the Mines Act, 1952 and therefore an employer as
defined by Section 2(e) of Act 46 of 1948. The expression "coal mine"
in Section 2(b) of the Mines Act, 1952 means "any excavation where
any operation fOr the purpose of obtaining coal has been carried on
and includes all works, machinery, tramways and sidings,
whether above or below ground, in or adjacent to or belonging to a coal
mine".
HELD:
The respondent was not the owner of a coal mine within the
meaning of Section 2(b)' of the Mines Act, 1952 and the High Court
had rightly acquitted him. [264 C].
The expression
11belonging to a coal mine" is the controlling expression governing all aspects of the activities of the coal mine v .. rithin the definition of s. 2(b) and all subsidiary things such as works,
machinery, tramways, and sidings are brought within the definition
of the "coal mine" only if they appertain to the coal mine, that is to
say, if they are under the same ownership. In order to carry out the
legislative intention it is therefore necessary to substitute the conjunction "and" for the Conjunction "or" in the definition of a '
1coal
mine" in s. 2(b) of the Act. [262 D-E].
Section 2(b) of the Coal Mines Provident Fund and Bonus
&hemes (Amendment) Act, 1965 and Ormond Investment Co. Limited v. Betts: 1928 A.C. 143, 156; referred to.
260
SUPR<llE COURT REPORTS
[1966] Sl:PP. R.U.R.
CRJMl:-;AL APPELLATE
J~RISDICTION: Criminal Appeal No.
A
158 of 1965.
Appeal from the judgment and order dated September 15,
1965 of the Rihar High Court in Criminal Revision No. 1326 of
1963.
B
R. H. Dhebar, V. 0. Malwju11 and B. R. G. K. Achar, for the
appellant.
N. C. Chatterjee, Supraka1h Ban11erjet and Sukumar Ghose.
for the respondent.
The Judgment of the Court was delivered by
Rlllllllswami, J. The question of law presented for detenninaC
tion in this appeal is whether the respondent-S. K. Roy-is the
'owner of a coal mine' within the meaning of s. 2(b) and 2(e) of
the Coal Mines Provident Flllld and Bonus Schemes Act, 1948
(Act 46 of 1948), hereinafter ~lied the •Act'.
The respondent was prosecuted under para 70 of the Coal
Mines Provident Fund Scheme (hereinafter caUed the 'Scheme')
D
for violation of els. (a), (d) and (f) of paragraph 70 read with paragraphs 33A, 38, 42 and 69A of the Scheme. An Inspector ap·
pointed under the Act filed a complaint against the respondent
alleging that he was the owner of the Bhowra Coke Plant and that
he !rad contravened certain provisions of the Scheme. It was alleged
that the respondent had failed to pay the contribution for the
Provident Fund, both employer's and employees' from April, 1960
E
to November, 1960 and had failed to submit returns in Fonn "H"
with corresponding declaration in Form "A" and the statement in
Ponn •p• as provided under the Regulations. The respondent was
held ilJilty by the trying Magistrate and was sentenced to pay a
fine of Rs. 500 and, in default, to undergo 3 months' simple imprisonment under paragraph 70(a). The respondent went in appeal
to the Sessions Judge, who dismissed the appeal and confinned the
F
sentence imposed by the Magistrate. The respondent filed a Revision Application in the Patna High Court which allowed the Revision Application and set aside the conviction and sentence imposed
on the respondent holding that the Coke Plant owned by the respondent was not a Coal Mine within the meaning of the Scheme
and that the Coke plant was not subject to the provisions of the
Scheme and the respondent was not the owner of the mine within
G
the meaning of the Act and the Scheme.
The facts found or admitted in this case are: (I) The Bhowra
Coke Plant originally belonged to the Bhowra Group of collieries
owned by the Eastern Coal Company, but subsequently in or about
the years 1945 to 1947 the Coke Plant was transferred by sale to
the respondent, (2) The group of Bhowra Collieries was subseH
quently sold to the Bhowra Keo~ Colliuicll Limited, (3) The
respondMt is the owner of the Coke Plant and the lessee of the
•
•
_,,,,
•. ;!\·.
:BtRAR v.
~. X. ROY
(Ru..truis1vnni£, .J.)
.\
land on which it stands on payment of certain royalty by way of
the ground rent for the land, the lessor, at the relevant time, being
the Bhowra Kankanee Collieries Limited owning the coal mine and
coal field area, where the Bhowra Coal Mines are and the Coke
Plant is situated, (4) The Coke Plant is not only adjacent to the
coal mine but is also situated on the surface land, which forms part
B
of the coal fields which and beneath which the coal mine is worked
by the Bhowra Kankanee Collieries Ltd., (5) The respondent does
not carry on the work of any coal mine therein. he does not excavate any coal by carryjrg on any operation for the purpose of
obtaining coal, (6) The coke Plant is a bye-product coke plant in
which hard coke as well as some other bye-products are manufacc
D
E
"
G
H
tured.
The question to be considered is whether, in this stale of facts,
the respondent is the owner of a coal mine within the meaning of
the Act and the Scheme.
Under s. 2(e) of the Act the expression "Employer" means
"the owner of a coal mine as defined in olause (g) of s. 3 of the
Indian Mines Act, 1923". The Indian Mines Act, .1923 has been
repealed and substituted by the Mines Act 1952 (Act 35 of 1952).
In the latter Act the word "owner" has been defined in cl. (I) of
s. 2. By virtue of s. 8 of the General Clauses Act, the definition of
the word "Employer" in cl. (e) of s. 2 of the Act should be construed with reference to the definition of the word "owner" in
ol. (I) of s. 2 of Act 35 of 1952, which repealed the earlier Act and
re-enacted it (See also the decision of this Court in State of Uttar
Pradesh v. M.P. Singh etc.(').) According to s. 2(1) of Act 35 of
1952 the word "owner", when used in relation to a mine, means
"any person who is the immediate proprietor or Jessee or occupier
of the mine or of any part thereof and in the case of a mine the
business whereof is being carried on by a liquidator or receiver,
such liquidator or receiver ............ ". The expression "coal mine"
is separately defined in cl. (b) of s. 2 of the Act which reads as
follows:
"2. (b) 'Coal mine' means any excavation where any ope·
ration for the purpose of obtaining coal has been or is being
carried on, and includes all works, machinery, tramways and
sidings, whether above or below ground, in or adjacent to or
belonging to a coal mine :
Provided that it shall not include any part of the coal
mine on which a manufacturing process is being carried on
unless such. process is a process for coke-making or the dressing of minerals;"
As a matter of construction it must be held that all works, machin·
erj, tramways and sidings, whether above or below ground, in or
adjacent to a coal mine will come within the scope and ambit of
(1) [1960) 2 S.C.R: 605, A.I.R. 1960 R.C. 569.
262
SUPRl;ME COliRT R!PORT8
[ l 966J BUPP. S.C.R.
the definition only when they belong to the coal mine. In other
A
words, the word "or" occurring before the expression "belonging
to a coal mine" in the main definition has to be read to mean
"and''. Any other interpretation would lead to an anomalous ane
startling consequence. Any works, machinery, tramways and
sidings which do not appertain to the coal mine in the sense of
ownership cannot come within the meaning of the expression "coal
B
mine" as given in the first part of cl. (bl of s. 2 of the Act. They
would come by way of subsidiary works, machinery or the like if
they appertain to and belong to the coal mine in the sense of
carrying on excavation work by doing the operation for the purpose of obta!ning coal. Suppose, for example, in a coal field area,
the lessee from the Government is working a mine, but the tramways and sidings have been set up by a railway company only for
C
the purpose of transport of coal. It cannot be imagined that the
owner of the tramways or railway siding is the owner of the coal
mine within the meaning of the Act. for the legislature could not
have intended that the work of transport of coal will, in itself,
constitute the working of a coal mine within the meaning of the
Act. In our opinion, the express!on "belonging to a coal mine" is
the controlling expression governing all aspects of the activities of
D
the coal mine within the definition of s. 2(b) and all subsidiary
things such as works, machinery, tramways and sidings are brought
within the definition of the "ooal mine" only if they appertain to
the coal mine, that is to say. if they arc under the same ownership.
We are. therefore. of the opinion that in order to carry out the
legislative intention it is necessary to substitute the conjunction
"and" for the conjunction "or" in the definition of a "coal mine"
E
in s. 2(b) of the Act.
It is legitimate, in this connection, to refer to the expanded
definition of the word "coal mine" in s. 2(b) of the Coal Mines
Provident Fund and Bonus Schemes (Amendment) Act, 1965 (Act
45 of 1965) which reads as follows:
"12l for clause (b), the following clause shall be substituted,
namely:-
(bl 'coal mine' means any excavation where any operation
for the purpose of searching for or obtaining coal has
been or is being carried on. and include~
Ii) all borings and bore holes;
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(ii) all shafts. in or adjacent to and belong to a coal
;t--
mine, whether in the course of being sunk or not;
(iii) all levels and inclined planes in the course of being driven;
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A
B
c
D
E
BIHAR v. s. K. ROY (Ramaswami, J.)
263
(v) all conveyors or aerial rope-ways provided for
bringing into or removal from a coal mine of coal
or other articles or for the removal of refuse
therefrom;
(vi) all adits, levels, planes, machinery, works, railways, tramways and sidings, in or adjacent to and
belonging to a coal mine;
(vii) all workshops situated within the precincts of a
coal mine and under the same management and
used for purposes connected with that coal mine
or a number of coal mines under the same management;
•
•
•
•
•
•
(ix) all power stations for supplying electricity for the
purpose of working the coal mine or a number of
coal mines under the same management;
(x) any premises for the time being used for depositing refuse from a coal mine, or in which any
operation in connection with such refuse is being
carried on, being premises exclusively occupied by
the employer of the coal mine;
•
•
•
•
I
'
•
•
(xiii) any premises in or adjacent to and belonging to a
coal mine, on which any plant or other machinery
connected with a coal mine is situated or on which
any process ancillary to the work of a coal mine
is being carried on;"
It should be noticed that in sub-cl. (vi) it has been provided that
F
the word "coal mine" includes all adits, levels, planes, machinery,
works, railways, tramways and sidings in or adjacent to and
belonging to a coal mine. Similarly, in cl. (vii) it includes "all
workshops situated within the precincts or a coal mine and under
the same management and used for purposes connected with that
coal mine or a number of coal mines under the same management".
Again, cl. (ii) of the amended s. 2(b) states that the word "coal
G
mine" includes "all shafts, in or adjacent to and belonging to a
coal mine, whether in the course of being sunk or not". Similarly,
cl. (xiii) of s. 2(b) provides that the word "coal mine" includes
"any premises in or adjacent to and belonging to a coal mine, on
which any plant or other machinery connected with a coal mine is
situated or on which any process ancillary to the work of a coal
B
mine is being; carried on". In our opinion, the change in the
language of s. 2(b) of the earlier Act brought about by the amending Act (Act 45 of 1965) was not meant to bring about a change
L/S5CI-19
23'.
8U1'.IUl:lfE OOUl\T UPOl\T8
(1966) SUPP. l.C.11.
of law in this respect but was meant to fix a proper interpretation
A
upon the earlier Act. It is a well-recognised principle in dcalina
with matters of construction that subsequent legislation may be
looked at in order to see what is the proper interpretation to be put
upon the earlier Act where the earlier Act is obscure or ambiguous
or readily capable of more than one interpretation. (See Ormond
Investment Co. Ltd.'. Betts(').)
B
For the reasons expressed, we hold that the respondent is not
the owner of a coal mine within the meaning of s. 2(b) of the Act
and the High Coun has rightly acquitted the respondent of the
ol'fences alleged ai\ainst him under the Scheme. We a.ccordiogly
dismi" this appe~I.
C
Apptal dismisseil.
(') ( 1928] A.C. t'3 at p. Uil.
•.
T·