SUKDEO BAITHA Vs. EASTERN COALFIELDS LTD.

JUDGEMENT

(1.) IN this writ petition, the petitioners have prayed for quashing the dismissal orders both dated 20.6.2001, issued by the respondent No. 3, General Manager, S.P. Mines Area (Annexures 4 and 4/1).

(2.) THE petitioners case is that their land was acquired for mining purpose by the respondents and in lieu thereof, they were given employment after proper enquiry and full satisfaction of the respondents. The petitioners were given appointment letters and on that basis, they joined at Chitra Colliery in 1982. In due course, their appointments were made permanent and the petitioners were working to the satisfaction of the Management. There was nothing adverse against them. One Parwati Devi, D/o Late Rusan Baitha had filed a suit being Title (D) Suit No. 52 of 1996/25 of 1996 against the Chairman, Coal India Limited and others in the Court of Sub -Judge, Deoghar claiming half share of the compensation amount of the acquired land and job for heirs of nominee. The said suit was decreed in favour of Parwati Devi on 2.2.2000. Against the said judgment, an appeal was filed in the Court of District Judge, Deoghar being Title Appeal No. 14 of 2001. The learned Appellate Court set aside the judgment and decree of the trial Court and remanded the suit back to the Court below for fresh adjudication in accordance with law. The suit after remand is still pending.

(3.) THE petitioners filed their reply stating, inter alia, that the said Parwati Devi had no concern with the land of the petitioners and that the petitioners have got services in lieu of acquisition of their land and there was no ground for cancellation of employment or recovery of compensation amount paid to them.