Case: M/S. Serajuddin &amp; Co Vs. Their Workmen

minerals are ready and all operations incidental to or connected with them are over. This position is not disputed. Therefore, there can be no doubt that under the Mines Act, office of the mine, though situated at the surface of the mine is not necessarily a mine and the employees in the said office cannot necessarily be said to be persons employed in a mine and so, the regulatory provisions of the Mines Act would not necessarily apply to the office and would not govern the conditions of service of the employees in the said office.7. It is in the light of the dictionary meaning of the word "mine" or in the light of the definition of the word "mine" contained in the Mines Act that we have to decide what an industrial dispute concerning a mine means under S 2(a)(i). Judged in that way, there can be no difficulty in holding that an industrial dispute between the employees engaged in the Head Office at Calcutta and the employer is not an industrial dispute concerning a mine. The Head Office is not a mine and so an industrial dispute raised by the employees engaged in the Head Office is not an industrial dispute concerning a mine.8. It is, however, urged by Mr. Sanyal on behalf of the appellant that a mining lease under the Mines and Minerals (Regulation and Development) Act (53 of 1948 means a lease granted for the purpose of searching for, winning, working, getting making merchantable, carrying away or disposing of minerals or for purposes connected therewith, and includes an exploring or a prospecting license. This Act has been substantially amended in 1957. But for the purpose of the argument urged on the definition of the "mining lease" contained in S. 3(d), it is not necessary to refer to the subsequent amendments made in the Act or in the said definition itself. The argument is that a mining lease contains a provision which enables the lessee to carry away or dispose of the minerals and so, the process of disposal of the minerals being covered by the mining lease must be held to be integrally connected with the mining operations and since sales of minerals are looked after in the Head Office, the Head Office itself is a part of the mine. In our opinion, there is no substance in this argument. The purpose of granting a mining lease obviously is to enable the lessee to search for and win minerals and make them merchantable. The said purpose must necessarily include the right of the lessee to carry away the minerals and to dispose of them in the market. But the rights conferred on the lessee under a mining lease can have no direct bearing on the question of the construction of S. 2(a) with which we are concerned. As have already pointed out, in the absence of a definition of the word "mine" in the Act itself, we have to take either the dictionary meaning of the word or the definition of the word "mine" in the Mines Act.The rights conferred on the lessee in whose favour a mining lease is executed can be of no assistance in interpreting the word "mine" in S. 2(a)(i). Therefore, we are satisfied that the Tribunal was right in holding that the present dispute between the appellant and its employees at its Head Office at Calcutta is not a dispute in relation to a mine.9. On general considerations also, the conclusion of the Tribunal appears to be right. The Central Government would be interested in industrial disputes in relation to a mine and so, in regard to such disputes the Central Government is made the appropriate Government by S. 2(a). In this connection it would be unreasonable to assume that the Central Government would be interested in industrial disputes relating to mines as defined by the Mines Act. The relevant provisions of the Mines Act are intended to regulate labour in mines and as the scheme of the Act shows several provisions have been made by the Act for the health and safety of the persons working in the mines and provisions have also been made for hours and limitation of employment in that behalf. If the scheme of the Act shows that office of the mine is outside the purview of the Act and the employees engaged in the office would, therefore, not ordinarily be governed by the major provisions of the Act, it would not be unreasonable to hold that an industrial dispute between such employees of the office of the mine and the employer is not a dispute in which the Central Government would be interested. It may be that some of the work done in the office of the mine situated at the surface of the mine may be incidental to or connected with the mining operations, as for example, keeping muster roll of workmen or payment register maintained for them. Clerks engaged in such type of work may be said to be persons employed in a mine; but the work in the Head Office with which we are directly concerned in this appeal is wholly unconnected with mining operations. All industrial disputes which are outside S. 2(a)(i) are the concern of the State Government under S. 2(a) (ii); in other words, the general rule is that an industrial dispute arising between an employer and his employees would be referred for adjudication by the State Government, except in cases falling under S. 2(a)(i); and so it is the extent of one of the exceptions mentioned in S. 2(a)(i) that we have to determine in the present case. In determining the extent of the said exception, it would not be irrelevant to bear in mind the scope of the provisions of the Mines Act itself. That is why we think the fact that an office of a mine is outside the definition of a mine is of some assistance in interpreting the word "mine" under S. 2(a)(i).

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]5. On the other hand, if we look at the definition in S. 2(a)(i), it would be noticed that were it was intended to refer to an industry as such, the definition uses the word industry as for instance, it refers to an industrial dispute concerning any such controlled industry as may be specified in this behalf by the Central Government, whereas in referring to the dispute in regard to a mine the definition does not refer to an industrial dispute concerning a mining industry but it merely says an industrial dispute concerning a mine. In the context, a mine is referred to just as a banking or an insurance company is referred to or an oil-field or a major port is referred. Therefore, in construing the words "an industrial dispute" in relation to a mine, we must first determine what a mine means and this must be done without reference to the broad definition of industry prescribed by S. 2(j).6. In the absence of any definition of the word "mine" in the Act, we may take into account the dictionary meaning as excavation in earth for metal, coal, salt etc. The Mines Act (35 of 1952) also contains a definition of "mine" in S. 2(j).The said definition shows, inter alia, that a "mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on. It is significant that the definition of mine under S. 2(j) excludes an office of a mine which is separately defined by S. 2(k) as meaning an office at the surface of the mine concerned so that there is no doubt that the office of the mine, though it may be situated at the surface of the mine itself, is not within the definition of mine. This position is further clarified when we consider the definition of the person employed in a mine which is prescribed by S. 2(h). 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, or in cleaning or oiling any part of any machinery used in or about the mine, or in any other kind of work whatsoever incidental to, or connected with, mining operations. It is obvious that the persons employed in the Head Office wherever it may be situated cannot be said to do the mining operation within the first part of the definition. In our opinion, they cannot be said to be ordinarily engaged in any other kind of work which is incidental to or connected with mining operation either The work which is incidental to or connected with mining operations must have some connection with or relation to the mining operations themselves. The work that is carried on in the Head Office which consists principally of the sale operations really begins after the minerals are ready and all operations incidental to or connected with them are over. This position is not disputed. Therefore, there can be no doubt that under the Mines Act, office of the mine, though situated at the surface of the mine is not necessarily a mine and the employees in the said office cannot necessarily be said to be persons employed in a mine and so, the regulatory provisions of the Mines Act would not necessarily apply to the office and would not govern the conditions of service of the employees in the said office.7. It is in the light of the dictionary meaning of the word "mine" or in the light of the definition of the word "mine" contained in the Mines Act that we have to decide what an industrial dispute concerning a mine means under S 2(a)(i). Judged in that way, there can be no difficulty in holding that an industrial dispute between the employees engaged in the Head Office at Calcutta and the employer is not an industrial dispute concerning a mine. The Head Office is not a mine and so an industrial dispute raised by the employees engaged in the Head Office is not an industrial dispute concerning aour opinion, there is no substance in this argument. The purpose of granting a mining lease obviously is to enable the lessee to search for and win minerals and make them merchantable. The said purpose must necessarily include the right of the lessee to carry away the minerals and to dispose of them in the market. But the rights conferred on the lessee under a mining lease can have no direct bearing on the question of the construction of S. 2(a) with which we are concerned. As have already pointed out, in the absence of a definition of the word "mine" in the Act itself, we have to take either the dictionary meaning of the word or the definition of the word "mine" in the Mines Act.The rights conferred on the lessee in whose favour a mining lease is executed can be of no assistance in interpreting the word "mine" in S. 2(a)(i). Therefore, we are satisfied that the Tribunal was right in holding that the present dispute between the appellant and its employees at its Head Office at Calcutta is not a dispute in relation to a mine.9. On general considerations also, the conclusion of the Tribunal appears to be right. The Central Government would be interested in industrial disputes in relation to a mine and so, in regard to such disputes the Central Government is made the appropriate Government by S. 2(a). In this connection it would be unreasonable to assume that the Central Government would be interested in industrial disputes relating to mines as defined by the Mines Act. The relevant provisions of the Mines Act are intended to regulate labour in mines and as the scheme of the Act shows several provisions have been made by the Act for the health and safety of the persons working in the mines and provisions have also been made for hours and limitation of employment in that behalf. If the scheme of the Act shows that office of the mine is outside the purview of the Act and the employees engaged in the office would, therefore, not ordinarily be governed by the major provisions of the Act, it would not be unreasonable to hold that an industrial dispute between such employees of the office of the mine and the employer is not a dispute in which the Central Government would be interested. It may be that some of the work done in the office of the mine situated at the surface of the mine may be incidental to or connected with the mining operations, as for example, keeping muster roll of workmen or payment register maintained for them. Clerks engaged in such type of work may be said to be persons employed in a mine; but the work in the Head Office with which we are directly concerned in this appeal is wholly unconnected with mining operations. All industrial disputes which are outside S. 2(a)(i) are the concern of the State Government under S. 2(a) (ii); in other words, the general rule is that an industrial dispute arising between an employer and his employees would be referred for adjudication by the State Government, except in cases falling under S. 2(a)(i); and so it is the extent of one of the exceptions mentioned in S. 2(a)(i) that we have to determine in the present case. In determining the extent of the said exception, it would not be irrelevant to bear in mind the scope of the provisions of the Mines Act itself. That is why we think the fact that an office of a mine is outside the definition of a mine is of some assistance in interpreting the word "mine" under S. 2(a)(i).