EASTERN COALFIELDS LIMITED Vs. ANADINATH BANERJEE (D)

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise from a judgment of a Division Bench of the High Court of Calcutta dated 9 September 2013, by which it affirmed the judgment of a Single Judge in a Letters Patent Appeal.

(3.) The issue is whether the respondent is entitled to employment by the appellant in lieu of the acquisition of lands. Eastern Coalfields Limited is a subsidiary of Coal India Limited and is a government company within the meaning of Section 617 of the erstwhile Companies Act 1956. An expansion scheme was proposed for the Sonepur Bazari Open Cast Project which is located in Raniganj Coalfield in West Bengal. A meeting took place between the representatives of the Company, persons whose lands were acquired, and the state government. In pursuance of the discussions, a tripartite agreement appears to have been arrived at, under which a person whose lands had been acquired would be entitled to employment by Eastern Coalfields if the acquired land-holding was at least 2 acres. Though the Tripartite agreement has not been placed on the record, the pleadings and submissions before the High Court and this court have proceeded on this position being undisputed. The authorities on 8 November 1991, prepared a rehabilitation list of thirty-seven eligible candidates from whom more than 2 acres of land was acquired in pursuance of what is described as a "one time package deal/tripartite decision". The name of the respondent was not included in this list.