Burin Ghosh, J. - (1.) -This writ petition is by ten petitioners. They have sought for the following reliefs:- "(a) A Rule do issue of and under the seal of this Hon'ble Court asking the respondents and each one of them to show cause as to why a writ of or a writ in the nature of Mandamus should not go commanding them thereby to give appointment to the petitioners at Haldia Dock Complex and/or respondents forthwith according to the qualification and eligibility of the petitioners; (b) A Rule issue out of and under the seal of this Hon'ble Court asking the respondents and each one of them to show cause as to why a writ of or a writ in the nature of Certiorari should not go directing them thereby to certify and transmit to the Hon'ble Court all records and proceedings relating to this case so that conscionable Justice may therein be administered by passing appropriate order and/or directions upon the respondents to give employment to the petitioners according to their qualification and eligibility in the said Haldia Dock Complex and/or Calcutta Port Trust under the respondents ; (c) An interim order of injunction be granted restraining the respondents from employing any further employment in Class-Ill and Class-IV Category at the Haldia Dock Complex till the disposal of the application ; (d) Rule in terms of Prayers (a) and (b) above be issued ; (e) Interim orders in terms of Prayer (c) above be granted ; (f) Pass such other or further order or orders as to your Lordships may seem fit and proper."
(2.) In Paragraph 1 of the petition, the petitioners have contended as follows:- "1. That your petitioners-state that they are all residents of different villages under Police Station Haldia, District-Midnapore. The petitioners-state that they were owners and occupiers of small piece of agricultural as well as homestead lands of Village Hatiberia, Chiranjibpur and Dakshin Ranichak etc., Police Station Haldia, District-Midnapore. The said agricultural lands owned by the respective petitioners were the only source of their livelihood. Save and except those lands the petitioners had no other agricultural lands and/or homestead lands elsewhere. In this connection, the particulars of your petitioners and the particulars of the lands of your petitioners' families are given below:- JUDGEMENT_54_LAWS(CAL)10_1999.html
(3.) It is the case in the petition that the lands of the petitioners have been acquired for the use and need of Haldia Dock Complex and as a result of such acquisition the petitioners have been uprooted and they became homeless people. It has then been contended that the petitioners at present are meeting their livelihood as hired labourers. It has been next contended in the petition that the petitioners are registered with the Local Employment Exchange. The petitioners have then relied on Land Loser's Certificates. They have been relied on a Circular issued by the Government of West Bengal dated 17th October, 1977 as well as the amendment effected thereto by a Circular dated 13th August, 1979. They also relied on a Circular dated 12th May, 1986, issued by the Government of West Bengal. These Circulars are as follows From : The Chief Secretary to the Government of West Bengal To: 1. The Commissioner 2. The Secretary 3. The District Magistrate No. 5120 (60) LW Dated, Calcutta the 17th Oct., 1977 Sub : Compulsory recruitment through Employment Exchanges in all Non-PSC Vacancies in the State Government Establishments, State Government Undertakings, Quasi-Government Establishments and Local Bodies. Sir, I am directed to state that Government have decided that in future all recruitment in the State Government Establishments. The State Government Undertakings, Quasi-Government Establishments and Local Bodies under the Government shall be made through the Employment Exchanges with a view to providing equal opportunity to all in the State in the matter of employment. In pursuance of this decision, henceforward, all recruitment in posts under the Government should be made strictly according to the procedure laid down below:- 1. All vacancies arising inState Government Establishments, State Government Undertakings, Quasi-Government Establishments and Local Bodies where recruitment is not made through Public Service Commission or by way of normal absorption of personnel declared surplus by the Government as a rule, be filled up through the Employment Exchange (Compulsory Notification of Vacancies) Act, 1950, all employing authorities under the State Government including the State Government Undertakings and Quasi-Government Establishments, Local Bodies shall notify to the appropriate Employment Exchanges all vacancies that may occur in their establishments from time to time. 2. In the following categories of cases, however, the Employment Authorities will be competent without referring to the Employment Exchange to give appointments- (i) to candidate hailing from families who might have been uprooted from their places of residence as a result of the land in question being acquired by the Government for Development Projects like setting up a power plant or a township etc., as at Haldia. Only one member from an uprooted family shall be eligible for such special preference for jobs in and around the area acquired. (ii) to a son/daughter/near relation of a Government servant who dies in harness leaving his family in immediate need of assistance, such compassionate appointments should be made provided the deponent possesses prescribed qualifications according to recruitment rules. (iii) to trade apprentices who might have had training in the undertakings to the skilled or semi-skilled posts in the Government Industrial Undertakings, in preference to others, provided they have the requisite qualifications for the job and their names was enrolled with the Employment Exchange. (iv) to suitable Ex-industrial Census personnel who were retrenched with effect from the 1st February, 1975 by the Cottage and Small Scale Industries Deptt. of the State Government, Ex-census Employees who have not been absorbed in service either under the State Government or in any Public Sector Undertaking of the State Government, and Ex-employees of Refugees, Relief and Rehabilitation Department of State it Government (Ex-sibir Karmacharies who served in connection with the Relief and Rehabilitation of the Refugee from Pakistan and Bangladesh) who have put in at least six months continue service in their previous jobs. 3. The Government will otherwise also be free to first absorb or direct the absorption, in existing or new vacancies, of staff which may be surplus to existing requirement. 4. 10% of the vacancies in each of the categories of Class 111 post and 20% of the vacancies in each of the categories of Class IV posts shall be reserved for being filled by Ex-servicemen in accordance with the Ex-serviceman (Reservation of Vacancies in the State Service and Posts, Class III and Class IV) Rules, 1975. 5. Names of unemployed persons are to be forwarded to the employers by the Employment Exchange generally in order of seniority, that is to say, length of the period of enrolment. The idea is that where other factors and requirements in respect of qualification are identical, priority in the matter of appointment is to be given to those who enroll their names earlier unless they have already been given adequate chances or are already employed in comparable scales. Other provisions of the Employment Exchange manual shall be strictly followed. 6. In order to enable the employing authorities to fulfil the requirements of West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Service and Posts) Act, 1976, the (Employment Authorities) name of an adequate number of Scheduled Castes and Scheduled Tribes candidates enrolled with them, even though these candidates might not satisfy the test of seniority as in (5) above. The Employment Exchanges should also try to give greater priority to candidates from backward areas, Government will issue Executive instructions as to which areas are to be treated as backward for this purpose. It will be incumbent upon the Employment Authorities indicate which of the posts are to be filled up by Scheduled Castes and Scheduled Tribes candidates when they seek-for names from the Exchanges. 7. It has been decided that the abovementioned measures will come into force with immediate effect. I am, therefore, to request you to please instruct all the subordinates offices and undertakings under your Administrative Offices and undertakings under your Administrative Control to strictly comply with the abovementioned decisions in matters of recruitment. Your's faithfully,sd/- Chief Secy., to the Govt, of West Bengal No. 1744-Emp Calcutta the 13th August, 1979 In the Labour Department Circular No. 5120(60) LW dated 17.10.77 for the word appearing in the sub-paragraphs (1), (2) substitute the following, viz:- (i) to candidates, hailing from families who might have been uprooted from their places of residence or whose main source of income affected due to loss of agricultural land, as a result of the land in question being secured by the Government for Development Projects like setting up a power plant or a township etc. as in Haldia only one member from an uprooted affected family shall be eligible for such special preference for jobs in and around the area acquired. sd/- A.K. Sea Chief Secy., to the Govt. of West Bengal No. 323-Emp Emp/6P-4/86 Dated 12.5.1986 Sub : Constitution of a Screening Committee for sponsoration names of persons affected by acquisition of land for Development Projects at Haldia. In terms of Memo No. 5220 (60) LW dated October 17, 1997 read with Memo No. 1744-Emp dated August 13, 1979 of the Labour Department, the employing authorities are competent to give appointment without reference to Employment Exchange to Candidates from families who have been uprooted from their place of residence or whose main source of income from agriculture has been affected on account of acquisition of the land in question for the purpose of any Development Project. The implementation of the aforesaid order has been carefully examined by the Government with reference to employment at various projects set up at Haldia. It is felt that in the interest of effective enforcement of the orders, candidates should be empanelled and sponsored for employment to the authorities concerned by the Employment Officer of Project Employment Exchange (P.E.E.), Haldia on the basis of recommendation of a Screening Committee. 2. The Government is accordingly pleased to constitute a Screening Committee with following members:- JUDGEMENT_54_LAWS(CAL)10_1999(1).html 3. The Screening Committee will prepare (1) a combined list in order of -priority for families affected by acquisition of land for the Haldia Dock Complex, the Refinery of Indian Oil Corporation and the Fertiliser Plant of Hindusthan Fertilizer Corporation and (2) a separate list for each of the other major projects located at Haldia other than above. 4. As stipulated in Memo No. 5120 (60) LW dated 17.10.1977 only one member of a family will be eligible for appointment. The beneficiary should be either an awardee of compensation under the Land Acquisition Act or a heir of such a person. If a member of a family is already in the employment under the State or the Central Government or a Company in either private or public sector, no member of the family will be considered for employment. Further the candidates must be a resident of the area bounded by the River Hooghly, the River Haldia and the Hijli Tidal Canal. The definition of a family for the purpose of this Circular will be the same as in the West Bengal Land Reforms Act. 5. The order of priority in the list will be determined by the date of acquisition in chronological order. Against the families whose lands have been acquired at more or less the same time, the following order or priority should be fixed - (a) Landless agricultural labour, bargadar, marginal and small farmers and non-agricultural labour whose homestead had been acquired ; (b) (i) Bargadars, Marginal farmers and Small farmers ; (ii) Physically handicapped persons ; (iii) Persons belonging to the Scheduled Castes and Tribes ; (iv) Other person ; Provided that; their main source of income has been affected by acquisition of the agricultural land in question. 6. The priority lists should contain the names of the persons seeking employment the quantum of agricultural of homestead land acquired and the quantum of presently owned by the family the employment status of the members of the family. The Employment Officer-in-Charge of Project Employment Exchange, Haldia will sponsor name from the lists against vacancies notified by the Employment Authority concerned on a basis of priority. 7. This issues in supersession of (i) para 3,3 of Labour Deptt. G. O. No. 129(60) LW dated 25.1.78 and (ii) concluding para of Labour Department G. O. No. 2700-Emp dated 14.10.80 so far as Haldia is concerned. sd/- Chief Secretary, No. 323-Emp Dated 12th May, 1986 Copy forwarded for information and necessary action to : 1. The Chairman, Haldia Notified Area Authority, P.O. Haldia, District-Midnapore. sd/- Assistant Secretary.";