SUDHANASHU GOSWAMI Vs. EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The petitioner has approached this Hon'ble Court with a prayer to consider his case for appointment in view of the land loser scheme and the case of the petitioner was considered but later on refused on medical ground.

(2.) It is the case of the petitioner that for mining purposes 2.99 Acres of agricultural lands, which was the only source of livelihood of the petitioner and his family had been acquired by the respondents company, namely, M/s Eastern Coalfields Limited for its mining purposes. Acquisition of lands was done on the basis of an agreement entered into by and between the father and uncle of the petitioner as well as the competent authorities of the respondents company on 30th day of January, 1975. In terms of the agreement and in terms of the policy of the lands losers 2 (two) employments were to be provided to the family members of both the family as because at that relevant time there was a policy, which generally was called as the Land Loser Policy, wherein one employment was to be provided to the family or its dependant for every one acre of land but that was used/ utilized/purchased by the respondents company. In view of the police decision, the petitioner along with his cousin Sudeep Kumar Goswami was considered for employment. However, after medical check up, the petitioner was found to be medically unfit for duties in the coal mines. As a result in the meeting held on 7.6.1993 at Santoria in the functional Director's meeting the case for employment of this petitioner was rejected by the authorities of the respondents company and the petitioner was declared unfit for employment by the Apex Medical Board held on 12.2.1998.

(3.) It is the case of the petitioner that after being declared medically unfit he approached S.S.K.M. Hospital at Kolkata which is one of the premium hospital in Eastern India and a thorough treatment and investigation was conducted. The petitioner was finally declared fit for duties in the coal mines. In terms thereof the petitioner represented again before the competent authorities of the respondents company to reconsider his case for employment. However, the same has not been considered till date and as such the petitioner has approached this Hon'ble Court.