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Joint Director of Mines Safety Versus Tandur & Nayandgi Stone quarries

1987 (4) TMI 485 - SUPREME COURT

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 respondents, we are inclined to the view that the High Court was not right in its interpretation of the word 'and' used .....

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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 cI. (b) of sub-s. (1) of s. 3 of the Act held that the use of the word 'and' made the three paragraphs conjunctive a .....

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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 thereof in which excavation is being made for prospecting purposes only and not for the purpose of obtaining minerals for us .....

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ertain 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), building stone, road metal, earth, fuller's earth and lime stone: Provided that- (i) xxx (ii) where it is an open cast workin .....

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