LAHARI SINGH Vs. NARDEN COAL FIELDS LTD SINGRAULI

JUDGEMENT

(1.) By this petition under Article 226/227 of the Constitution of India, the petitioners are seeking the following reliefs:-

(2.) However, Shri Dilip Parihar, Learned counsel assisted by Shri Greeshm Jain, Advocate submitted that this petition is nothing but by playing a trick the petitioners are trying to obtain the employment by indirect manner. Learned counsel by inviting my attention to para 2 and 3 of the return has submitted that admittedly the notice under section 4 of Coal Beating Act was issued on 20-11-1978 and further notices under sections 7 and 9 of the said Act were issued on 18-4-1980 and 4-2-1982 respectively. According to learned counsel after having notified the aforesaid notifications under sections 4, 7 and 9 of the Coal Bearing Act on 20-11-1978, 18-4-1980 and 4-2-1982, on 20-3-1982 the land measuring 0.43 acre was purchased jointly by petitioners from Rajvendra Singh and Yadvendra Singh. Thus, according to learned counsel the condition embodied in the policy to provide employment is applicable to those persons only whose three acres of un-irrigated and two acres of irrigated land have been acquired. Since the petitioners' land 0.43 acre has been acquired, therefore, they do not have any right to obtain employment under the said policy. Hence this petition be dismissed.

(3.) Having heard learned counsel for the parties, I am of the view that this petition deserves to be dismissed.