BALAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the petitioner has prayed to declare that respondent no.2 erroneously discriminated amongst the project affected persons. It is further prayed to quash and set aside order dt.1.6.2001 and to direct respondent no.2 to absorb the petitioner in their plant at Butibori as per it's undertaking given in clause 3 (p) of agreement.

(2.) The learned Counsel for the petitioner invited our attention to the format of agreement between the Maharashtra Industrial Development Corporation, Nagpur and license/lessee. As such, no concluded contract between the M.I.D.C. and the petitioner is brought to our notice. The petitioner relied upon the copies of correspondence between the Regional Manager, Bharat Petroleum Corporation Ltd. and the Manager, Bharat Petroleum Corporation Ltd., Butibori, Industrial area, Tq. Highna, District Nagpur and the Regional Officer, M.I.D.C., Nagpur and the petitioner whereby recommendation was made regarding employing the petitioner as per his eligibility and suitability on priority. It appears that the petitioner through Counsel issued notice dt.5.5.2001 whereby he called upon respondent/Bharat Petroleum Corporation Ltd. to appoint him within ten days from the date of receipt of the notice, failing which he shall be constrained to take legal action in the Court of law. It appears that the notice was replied by the Manager (Employment relations) (West) on behalf of Bharat Petroleum Corporation Ltd. whereby regret was expressed that the petitioner cannot be appointed as demanded by him. Under these circumstances, the petition with the above prayer is filed.

(3.) We have heard the learned Counsel for the petitioner with reference to Annexures in the petition. The petition is opposed on the ground that the petitioner cannot be appointed directly by the respondents without the advertisement being issued and published as per rules by the Recruitment Authority on behalf of the respondents and unless the petitioner competes with the similarly situated candidates seeking appointment to the post if an advertisement is issued accordingly to fill up the post available with the respondents. It is submitted that the petitioner is a project affected person and he ought to have been appointed by the respondents from the category of project affected persons.