CAPTAIN RABINDRA NATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an ex-servicemen and was acting captain EC50073, REGT or CORPS Maratha (MLI), Maratha Light Infantry and is alleged to have devoted himself for the benefit of ex-servicemen. This 'Public Interest Litigation' has been filed for a direction upon the respondent no. 3 (Central Coalfileds Ltd.) to release the dues of various ex-serviceman companies towards the coal transportation made by them in the coal field areas of CCL for the period of ten years to respondent no. 4-Director General, Re-settlement, New Delhi (D.G.R.) and for distributing the same to the ex-servicemen companies namely, Randev Associates Pvt. Ltd., Patriot transport Pvt. Ltd., Rajdhani Carrier Pvt. Ltd., Annapurna Coal Carrier Pvt. Ltd., Pushak Transport Company (India) Pvt. Ltd., Vijyant transport company (India) Pvt. Ltd.., Dolphin transport company Pvt. Ltd., Adarsh Bulk carriers Pvt. Ltd., Jaguar transport company Pvt. Ltd., Maurya transport Pvt. Ltd., Jawan transport company Pvt. Ltd., ESSEM Transporter & Contractor Private Limited, for the benefit of ex-servicemen, their widow and children and not to respondents nos. 5 to 16, who, according to the petitioner, have no concern with the Defence Department.

(2.) In order to re-habilitate the ex-servicemen, their widows, children, there was a Memorandum of Understanding (MoU) between DGR, Ministry of Defence, Ministry of Coal, Coal India Ltd and Coal Subsidiary under a policy of formation and running ex-servicemen coal transportation companies. The scheme to raise ex-servicemen (ESM) coal transportation companies were formulated between erstwhile Ministry of Energy and Ministry of defence in the year 1979 with the aim of having union free captive transport companies in coal subsidiaries and providing an opportunity to ex-servicemen for re-settlement. The said scheme has been successful and mutually beneficial to both the parties. The procedure adopted is that on request received from C.I.L or any of its subsidiaries, the DGR will have suitable and eligible ESM selected to form a private limited company. After a feasibility study by the sponsoring Directors, the company will be formed and registered with the Registrar of Companies as Private Limited Company. The Memorandum of Article of Association will be approved by the DGR and it will be responsibility of the DGR to ensure that all individuals forming or participating in the private limited company are only ESM/widows/dependents and they are suitable and financial sound.

(3.) The grievance of the petitioner is that object of the scheme was to raise ex-servicemen coal transportation companies with the dual purpose of having union free captive transport companies in coal subsidiary companies and for providing re-settlement opportunity to ex-servicemen but that after sometime, ex-servicemen companies were hijacked by the private/civilian transporters working in the job of transportation of coal bearing areas of CCL and private individuals became the Directors of Ex-servicemen companies violating the terms of Memorandum of Understanding made between the Ministry of Defence, Ministry of Coal and others. Learned cousnel for the petitioner submitted that after lapse of ten years, dispute arose between the companies, as a result of which arbitrators were appointed in view of Clause (3) of the General Terms and Conditions of the Contract and arbitrators gave their awards in various cases and the awards passed are under challenge before the Sub-Judge, Ranchi. According to the petitioner the ex-servicemen companies are hijacked by the private/civilian transporters and alleged that respondent nos. 5 to 16 were never in service of defence department. Hence, the petitioner seeks direction upon respondent no. 3 to release the fund to the above said ex-servicemen companies through DGR.