- (1.) The petitioner, in this writ application, has prayed for quashing the order dated 07.04.2006 passed by the respondent No. 2, Chairmancum-Managing Director, Eastern Coal Fields Limited whereby and whereunder the claim of the petitioner for providing further three employments in the Company has been rejected.
(2.) The case of the petitioner in a nutshell is that there existed a coal mine patch in Nawadih Mouza which is known as Kastha Area which comes under the Eastern Coal Fields Limited. In order to exploit the coal which falls under the Jamtara District a deed of agreement/licence was entered into on 19.06.1989 between Hari Prasad Tiwary (father of the petitioner) and the General Manager, Kastha Area. The agreement which was executed on 19.06.1989 contained certain terms which made the land owner entitled to receive a sum of Rs. 10,000/- per acre and one employment for every two acres of land. In terms of the agreement the possession of the land was given to the respondents and the respondents started excavating coal from the land but only five employments were given against the land in question. The petitioner has subsequently claimed three more employments for the near dependents but the said applications were rejected. It is the case of the petitioner that three strangers were sought to be given employment but on bringing to the notice of the higher authority, the aforesaid fact the application of those strangers were rejected. In such circumstance, since three more employments were available to the petitioner in terms of the agreement and since the respondents were not paying any heed a writ application was preferred by the landlord namely Hari Prasad Tiwary. This Court in W.P.(C) No. 4588 of 2001 gave liberty to the petitioner to submit three names before the Chairman-cum-Managing Director, Eastern Coal Fields Limited, Sanctoria Disergarh who was to re-consider the names within a period of three months. A reasoned order was passed by Chairman-cum-Managing Committee on 07.04.2006 rejecting the claim of the petitioner which has resulted in filing of the present writ application.
(3.) Heard Mr. Manish Kumar, learned counsel for the petitioner and Mr. Rajesh Lala, learned counsel for the respondents.;