ESTERN COALFIELDS LTD Vs. SK NASIRUDDIN

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 21st October, 2009 passed in W.P. No. 17823(W) of 2005 by the Hon'ble First Court. The brief background of the matter is that respondent/petitioner Sk. Nasiruddin's father Sk. Rabbani since deceased and his aunt Golabjan Bibi were the joint owners of a land measuring 1.15 acres appertaining to Plot No. 3188, Khatian No. 302, J.L. No. 43 of mouza Majiwara, District-Burdwan. Appellant/respondent No. 4 Eastern Coalfields Limited (hereinafter to be referred to as company) started extracting coal from the said land from 9.8.1972 and as a result the land became unfit for cultivation. Whilst the land was in possession of the company on or about October 21, 1986 a deed of conveyance was executed by Rabbani and Golabjan Bibi and thereby the said land was transferred absolutely in favour of the appellant. Thus the two persons lost their land for cause of the appellant. A scheme was prepared for providing employment to the landlosers. There was provisions in the scheme that one employment was to be given to a land loser or his nominee if minimum of one acre land owned by him was purchased or acquired or used by the company during the period from 3rd September, 1975 to 12th August, 1983. Rabbani being eligible for employment in the company applied for employment in the year 1991. His appointment was approved by the competent authority by a letter dated January 15/17 of 1996. But in the pre-employment medical examination Rabbani was found unfit.

(2.) Thereafter Rabbani requested the company to consider his nominee Nasiruddin being the respondent herein for employment under the scheme. In response to the request the Personnel Manager, Sripur area issued a letter dated August 4/6 of 1998 asking the agent, Girimint (R) Colliery to forward necessary papers for sending them to the competent authority. On 18.6.1994 the appellant issued fresh norms for employment to the landlosers.

(3.) Since nothing tangible was forthcoming in spite of processing candidature of the respondent he moved this Court by filing writ petition being No. 12701(W) of 2003. The said writ petition was disposed of by an order dated 1.9.2003 directing the Personnel Manager (IC) of the company to take decision with reason in the matter. In compliance with the said order the Personnel Manager passed order holding that the respondent's prayer was not legally sustainable as the total quantum of land lost by the predecessor of the respondent does not cover 2.00 acres in terms of recent norms as above.