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Jharkhand High Court · body

2011 DIGILAW 544 (JHR)

Sudhir Chandra Mahto v. BCCL

2011-06-24

N.N.TIWARI

body2011
JUDGMENT The common grievance of individual petitioner in this batch of cases is that though they are entitled to get employment under Land Looser Scheme of the respondent-Coal India Limited, which was also, acknowledged in the Minutes of the meeting dated 4.1.2008, employment has not been given to them and no reason has been assigned for hanging the matter in balance, for decades. 2. It has been stated that for the purpose of setting of a township, the then State of Bihar had acquired 97.525 acres of land appertaining to Mouza-Karmatand, P.S. Baliapur, District-Dhanbad in L.A. Case no.11/85-86. Out of the said lands, 32.525 acres of land belongs to the petitioners, who are inhabitants of village-Dhokra. The respondents-authorities, according to their policy decision, offered employment to 69 persons of village-Karmatand, but they discriminated the petitioners, who are residents of village-Dhokra. Employment has not been given to them till date. The petitioners raised their grievance through local M.L.A., made repeated requests and representations themselves, but the same fell on deaf ears of the respondents. Under the said compelling circumstance, the petitioners have ultimately knocked the door of this Court. 3. Learned counsel, appearing on behalf of the respondents, submitted that there is dispute between the residents of two villages. Decision has been already taken by the Management to provide employment to 26 persons, but there is no consensus amongst the land loosers. 4. I have heard learned counsel for the parties and considered the facts and materials on record. It is an admitted fact that the petitioners' lands have been acquired and that the respondents have offered employment to some of the land loosers or their family member(s). According to the respondents, they have already decided to give further 26 employment but due to the dispute amongst the land loosers, the same has not been given. 5. Learned counsel, appearing on behalf of the petitioners, on the other hand, submitted that already 69 employments have been given against 65 acres of lands of village-Karmatand. At that time, the respondents had not sought any consensus. But now they have not taken the said ground and are delaying employment to the deserving persons on frivolous pretext. He submitted that the records are in custody of the respondents. They can scrutinies the genuineness of the claim of individuals and decide as to who is the bonafide claimant and who deserves employment. 6. But now they have not taken the said ground and are delaying employment to the deserving persons on frivolous pretext. He submitted that the records are in custody of the respondents. They can scrutinies the genuineness of the claim of individuals and decide as to who is the bonafide claimant and who deserves employment. 6. Having heard the submissions and contentions of learned counsel for the parties, these writ petitions are disposed of directing the General Manager, M/s. BCCL, Bastacolla Area, Area no.9, Jharia, Dhanbad to consider the claim of the petitioners on the basis of relevant records, available with them and decide their claim finally, after giving proper opportunity of representation/hearing to them and other interested persons, within a period of three months from the date of receipt/production of a copy of this order.