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1987 (4) TMI 485 - SUPREME COURT

1987 (4) TMI 485 - SUPREME COURT - 1987 AIR 1253, 1987 (2) SCR 801, 1987 (3) SCC 208, 1987 (2) JT 153, 1987 (1) SCALE 813 - Civil Appeal No. 502 of 1974 - Dated:- 8-4-1987 - SEN, A.P. ERADI AND V. BALAKRISHNA JJ. Mrs. Kitty Kumaramangalam and C.V. Subba Rao for the Appellant. A. Subba Rao for the Respondent. JUDGMENT: The following Order of the Court was delivered: ORDER After hearing Smt. Kitty Kumaramangalam, learned counsel for the appellant and Shri A. Subba Rao, learned counsel for the resp .....

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one day exceeded 50. That being so, the respondents fell within the mischief of the proviso to cl.(b) of s. 3(1) of the Act and became subject to the provisions of the Act. The Inspector was therefore well within his powers to serve a notice under s. 22 read with s. 17 of the Act calling upon the respondents to appoint a qualified Manager for the mine. The High Court on an erroneous interpretation of the word 'and' occurring at the end of paragraph (b) of sub-cl. (ii) of the proviso to .....

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reflected in the long title, is that it is an Act to amend and consolidate the law relating to the regulation of labour and safety in mines. By s. 2(h) of the Act, a person is said to be 'employed' in a mine who works under appointment by or with the knowledge of the manager, whether for wages or not, in any mining operation. Sub-s. (1) of s. 3 of the Act provides that the provisions of the Act, except those contained in ss. 7, 8, 9, 44, 45 and 46 shall not apply to (a) any mine or part .....

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sub-s. (1) of s. 3 of the Act insofar as relevant for purposes of this case reads as follows: "3. Act not to apply in certain cases-(1) The provisions of this Act, except those contained in sections 7, 8, 9, 44, 45 and 46 shall not apply to- a) xx (b) any mine engaged in the extraction of kankar, murrum, laterite, boulder, gravel, shingle, ordinary sand (excluding moulding sand, glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), build .....

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