A.K.Mathur, CJ. - (1.) This is an Appeal directed against the order passed by a learned single Judge dated 10th March, 1997 whereby the learned single Judge allowed the writ petition and directed petitioners to be absorbed and if the vacancy is not available then the respondents shall create supernumerary posts and appoint the petitioners. It was also directed that, without absorbing and appointing the petitioners, respondents shall not appoint any un-skilled or semi-skilled person. It was also directed that if there is any vacancy in the semi-skilled person is available then to absorb the petitioners against vacancies temporarily and train them. It was directed that the respondents are restrained from appointing any un-skilled or semi-skilled worker in the Durgapur Steel Plant until the petitioners are absorbed. It was further directed that absorption by the appointing authority shall be completed within 30th April, 1997. The upper age limit was also directed to be relaxed. Aggrieved against this order passed by the learned single Judge the management has filed this Appeal.
(2.) For convenient disposal of this Appeal brief facts are: that for the construction of the Durgapur Steel Plant in Durgapur agricultural and non-agricultural lands were acquired in 1956-57. After acquiring the lands a policy was adopted for compensating the land-loosers by offering employment to member of family in addition to monetary compensation already paid. A Scheme was prepared that each family would be provided with one job. It was further contemplated that in case the family member is not eligible for a job then the family member would be given job as and when their children would become eligible for the job. It is alleged that the petitioners made several representations and on 17th April, 1980 the petitioners were asked to supply necessary particulars for giving the job, and this exercise was entrusted to a Junior Vigilence Officer of Durgapur Steel Plant. In pursuance to the various representations received from various quarters including All India Federation of SC/STs Backward Minorities Employees' Association they were informed on 10th November, 1989 that the matter is under consideration and they were directed to produce the original papers in respect of the land of 4.40 acres acquired in the Project. It is alleged that in pursuance of this petitioners submitted all papers to the respondents-appellant. All the petitioners submitted all papers to the respondents-Appellant. All the petitioners were asked to appear before the Junior Vigilence Officer within a period of 7 days from the date of receiving the letter dated 22nd November, 1980. Then it was assured that jobs would be provided shortly. It is alleged that the petitioners through the secretary, National Rural Labour Federation submitted a memorandum requesting the General Manager (P & A), Durgapur Steel Plant to consider their claim. Relying upon the Chief Executive Conference held on 5th and 6th April, 1983 under the heading "Recruitment and Managerial Policies of the Public Enterprises" a notification was issued to all concerned on 5th August, 1983. The relevant policy reads as under: "Every industry that is set up dislocated the local population and many of them belong to the poorest and the weakest sections. There is a commitment to employ those who are dislodged, at least one member per family should be provided employment. The persons so employed should be given training if they are not trained. Special considerations should be given to minority as also to others who cannot easily get employment. In every area of public life, the public sector has a great responsibility."
(3.) However this policy of recruitment spelled out during the conference of the Chief Executives was revised by Bureau of Public Enterprises by Office Memo dated 3rd February, 1986 by which the policy of giving employment to the land-loosers was revoked. The relevant policy decision issued by the Department of Public Enterprises reads as under: "In the context of the urgent necessity of public sector enterprises operating at commercially viable levels and generating adequate internal resources, over-manning has to be guarded against. Any understanding formal or informal, in regard to offer of employment to one member of every dispossessed family in the project will stand withdrawing. However, with a view to encouraging the dispossessed families taking to useful advocations like poultry farming, animal husbandry etc. the project authorities will assist the concerned State Governments in organising and financing such activities. The basic responsibility of initiating such schemes will be that of the State Governments.";