EASTERN COALFIELDS LTD. Vs. DEBKUMAR MUKHERJEE
LAWS(CAL)-2019-9-134
HIGH COURT OF CALCUTTA
Decided on September 26,2019

EASTERN COALFIELDS LTD. Appellant
VERSUS
Debkumar Mukherjee Respondents

JUDGEMENT

Tirthankar Ghosh, J. - (1.) The present appeals being MAT 853 of 2019, MAT 854 of 2019 and MAT 855 of 2019 have been preferred against the judgment and order passed by the Learned Single Judge in WP 20533(W) of 2012, WP 20537(W) of 2012 and WP 20538(W) of 2012 (hereinafter referred to as writ petitions) which was disposed of by a common judgment dated 16th April, 2019. The grievance of the appellants related to the order of the Learned Single Judge being passed, ignoring the scheme (hereinafter referred to as the land loser scheme) and directing the appellants to give appointment to the writ petitioners under the land loser scheme category within four weeks from the date of communication of the order.
(2.) The writ petitioners initially submitted their representations with the appellant No.4 on 17th September, 2009 praying for their employment under the land loser scheme category and subsequently also served a demand justice notice dated 16th July, 2010 upon the appellants No.2, 3, 4. As the representations were not considered the writ petitioners preferred WP 25056(W) of 2010, wherein a Learned Single Judge of this Hon'ble Court by an order dated 10th December, 2012 was pleased to direct as follows:- "Let the respective representations of the petitioners be examined in accordance with law by the appropriate officer of the Eastern Coalfields upon giving to the petitioners or their representatives opportunity of hearing. The decision in this regard shall be taken within a period of twelve weeks from the date of communication of this order and shall be communicated to the petitioners within a further period of one week."
(3.) Consequently, the General Manager, Satgram Area of Eastern Coalfields Ltd. by an order dated 12th May, 2012 was pleased to dispose of the representations by observing as follows:- "Land measuring 13.20 acres in Plot No.75, Mouza Salchur, JL No. 47, PS- Saltora, Dt. Bankura was possessed by ECL from LA Collector, Bankura in LA case No. 17/81-82 on 04.12.1981. One Sri Narayandas bandyopadhaya divested/transferred the3 land to the petitioners by a Regd. Sale deed on the following mentioned dates: 1. Sk. Imadul Haque dated 14.12.1981 by Regd. Sale deed 2. 2. Sri Satyajit Bandyopadhaya 11.12.1981 do 3. 3. Sri Deb Kumar Mukherjee 16.12.1981 do 4. 4. Sri Ram Prasad alias Mantu Chakraborty 16.12.1981 do- 5. 5. Sri Ajit Kr. Mondal 14.12.1981 do All the lands have been divested /transferred after the date of acquisition by ECL, so it is not at all legal. It is further mentioned that there is no relationship between land owner and the land losers which is the prime criteria for employment under land loser scheme. Hence the offering employment under land loser scheme in the instant case is not maintainable as per the Co's guidelines. Therefore the employment claim of the above petitioners is rejected.";


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.