CHANDRASHEKHAR, J. - (1.) Seeking employment in lieu of 3.66 acres land which was acquired by the respondent-BCCL, the petitioners have approached this Court.
(2.) Briefly stated, the land comprised in Khata Nos.103-104 under different plots within Mauza Bela Khonda admeasuring 3.66 acres was registered in the name of Ramu Tiwary. For the above land, the vendee was paid sale value of approximately Rs.23,000/-. The said Ramu Tiwary is the father of the petitioner no.1 and grand-father of petitioner nos.2 and 3. A letter dated 15.05.1978 was issued by the General Manager, Mahuda Area No.2, where under the said Ramu Tiwary was informed that for each one acre irrigated land (pond and Dhani) one employment shall be given and for each two acres land (other than Dhani land) one employment under M/s B.C.C.L shall be offered. It was indicated that compensation shall be paid in terms of B.C.C.L notifications. An agreement dated 04.04.1980 was executed between M/s B.C.C.L and Ramu Tiwary. In the said agreement, Ramu Tiwary has been described as "land looser". This agreement is in tune with letter dated 15.05.1978. Honouring the commitment under letter dated 15.05.1978, one employment was given to the son of Ramu Tiwary namely, Satish Chandra Tiwary who was appointed as Badli worker on 21.12.1978. It appears that, not being satisfied, representations were made for honouring the agreement dated 04.04.1980. One of the representations in the form of letter dated 11.04.1985 by a Member of Parliament has been brought on record. Thereafter, the matter was taken up by Bihar Colliery Kamgar Union and the issue was discussed in a meeting held on 03.02.1992 between the representatives of the Union and the officers of M/s B.C.C. Limited, vide item no.26. This was followed by another meeting held on 15.04.1992 and also on 03.09.1997. Still, nothing happened thereafter. It appears that there was a discussion between the management and the Union on 04.02.2006, in pursuance of which the competent authority constituted a review committee vide order dated 03.05.2007. A report of the review committee has been brought on record vide Annexure-5. This report gives details of the land belonging to Ramu Tiwary; tank-0.51 acre and kanali-3.15 acres. When the employments as promised were not offered, compelled, the petitioners have approached this Court by preferring the present writ-petition.
(3.) Mr. Mahesh Tewari, the learned counsel for the petitioners submits that on account of the indifferent attitude and negligence of the respondents the land looser has been deprived of benefit in the shape of employment under M/s B.C.C.L, for which an agreement was executed on 04.04.1980. It is contended that on account of delay on the part of the respondents in not honouring their own commitment, a right accrued in the land looser which was admitted by the respondents, the petitioners cannot be denied employment under M/s B.C.C.L.;