Pioneer Mines and Minerals Ltd. (PMML) is the license holder of 30 mines in the State of Tamil Nadu which produces non-metallic minerals like gypsum, limestone, lignite, and rock phosphate. The PMML has leased out 5 mine
CS Professional · Labour Laws & Practice · PYQS · June 2025
Pioneer Mines and Minerals Ltd. (PMML) is the license holder of 30 mines in the State of Tamil Nadu which produces non-metallic minerals like gypsum, limestone, lignite, and rock phosphate. The PMML has leased out 5 mines to other operators on rent as royalty for 3 years' time period subject to its renewal from time to time. Kushal, a labour, who was working in a mine (which was leased out to Arihant Marbles by the PMML), below the ground, was injured on account of malfunction of the lift, carrying him below the surface. Kushal's right hand palm was badly injured and the medical doctors had no other alternative except to cut down his right hand palm. It is to mention here that Kushal was the left hander and even after the cutting of his right hand palm, his working efficiency as labour was not affected. However, he claimed compensation from the PMML. Who shall be considered as the owner of such mine, in which the Kushal was working? Also state whether the injury to Kushal's right hand palm shall be treated as Serious Bodily injury as per the provisions of the Mines Act, 1952 ?
Answer & Explanation:
Answer 4(a) In terms of Section 2(1)(1) of the Mines Act, 1952, 'owner', when used, in relation to a mine, means any person who is the immediate proprietor or lessee 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 But does not include a person who merely receives a royalty, rent or fine from the mine, or is merely the proprietor of the mine, subject to any lease, grant or licence for the working thereof, or who is merely the owner of the soil and not interested in the minerals of the mine; But any contractor or sub-lessee for the working of a mine or any part thereof shall be subject to this Act in like manner as if he were an owner, but not so as to exempt the owner from any liability. In the case of Bharat Coking Coal Ltd. Vs. Madanlal Agrawal, 1996 IXAD (SC) 415, it was observed that the definition of an 'owner' which also includes a lessee or an occupier apart from the immediate proprietor. Thus, in the present case the Arihant Marbles shall be considered as owner of the mine. In terms of Section 2(1)(q) of the Mines Act, 1952, 'serious bodily injury' means any injury which involves, or in all probability will involve, the permanent loss of any part or section of a body; or the use of any part or section of a body; or the permanent loss of or injury to the sight or hearing or any permanent physical incapacity; or the fracture of any bone or one or more joints or bones of any phalanges of hand or foot. Since Kushal has lost his right hand palm and in accordance with the above definition, it shall be treated as serious bodily injury.
Topics: Mines Act, 1952
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