EASTERN COALFIELDS LTD Vs. DUGAI KUMAR

JUDGEMENT

(1.) This appeal is filed by the Eastern Coalfields Ltd. ('Company' for short) against an order passed by the Division Bench of the High Court of Calcutta on January 28, 2002 dismissing Review Petition filed by the appellant herein.

(2.) The facts of the case are that the appellant is 'Government Company' under Section 617 of the Companies Act, 1956. A scheme was formulated by the Company to offer employment to a person who is a land loser for 1 acre of land which has been acquired, purchased or used by the Company. Subsequently, the policy was changed and it was also provided that those who do not intend to get employment may be offered 800 Metric Tons (MTs) of coal in lieu of employment of a family member whose one acre of land has been acquired, purchased or used by the Company. The policy was again modified in 1996 and entitlement was increased to 1600 MTs.

(3.) It is the case of the Company that it purchased land of the respondent admeasuring 1.26 acres and registered sale deed No. 2006, dated February 17, 1989 was executed at Dhanbad. In the light of the policy then in vogue, the respondent was offered 1008 MTs of coal on the basis of 800 MTs per acre since the sale was for 1.26 acres of land. The respondent accepted the said decision on February 23, 1989 and a written communication was addressed to the General Manager stating therein that the land owner was not interested in getting employment and he would be thankful if 1008 MTs of coal would be given to him. The Authorities accepted the request and the appellant Company vide a letter dated May 22, 1989, passed an order to release 1008 MTs of steam Coal, Grade-D. It was stated that the coal would be released on fulfilling the terms and conditions mentioned in the said communication. According to the Company, everything was over and nothing further was required to be done in the matter. The respondent-writ-petitioner was paid consideration for land which was sold by registered sale deed. Over and above compensation, as per the policy in force, they offered 1008 MTs of coal which was accepted by the respondent and quantity was also released. It was accepted by the respondent without any protest, objection or reservation and the matter ended there.