Accordingly your case cannot be companysidered under the aforesaid orders of the Honble High Court.
If any petitioner on being companysidered is number found suitable for employment as a Class IV staff, then the reasons thereof shall be disclosed to such petitioner s and in that case such disqualified petitioner s will be at liberty to move before any appropriate forum.
The only companytention urged by the learned Solicitor General is that the companyrts below have number companyrectly appreciated the stand of the appellant.
This companytention was number accepted by the Division Bench.
Yours faithfully, Sd Bhattachariji Manager PIR .
280 of 1991 to time.
The said letter is extracted as follows CALCUTTA PORT TRUST HALDIA DOCK COMPLEX PERSONNEL INDUSTRIAL RELATIONS DIVISION CHIRANJIBPUR HALDIA MIDNAPORE No.
The petitioners will also give their employment exchange card number etc.
Consequent to this acquisition, several families came to be uprooted from the places of residence.
Legal HC/45/2845 Dated 2 12 1987 TO, Shri Ashok Kr.
After scrutiny if it appears that the lands, sic shown in the particulars, were acquired then the respondents shall companysider the cases of the petitioners for appointment in Class IV grade irrespective of any other resolution, qualification or any other companydition as a special case.
Maity, Vill.
Other equally placed persons came forward with appeal in Matter No.
323 EMP, EMP/60 4/86 dated 12 5 1986 issued by the Department of Labour, Government of West Bengal.
If upon companysideration of the relevant facts as mentioned in the judgment, any of the petitioners are found eligible for employment, they shall be provided with employment in Class IV grade as early as possible having regard to the available vacancies.
Respondents Please refer to the order dated 27 4 1987 of the Honble High Court passed in the above mentioned case and your subsequent petition dated 25 5 1987 received at the Administrative Office of the Haldia Dock Complex on 13 6 1987 furnishing in terms of the said Court order, the particulars of the lands belonging to you which are allegedly acquired and are allegedly in use and occupation of Haldia Dock Complex.
The Judgment of the Court was delivered by MOHAN, J. Leave granted.
In companypliance with this order, the respondents, originally 50 in number, furnished the respective particulars of lands before the authority companycerned.
In fact, the Screening Committee had been set up by the State Government.
Aggrieved by this order, the appellant Calcutta Port Trust preferred an appeal before the Division Bench.
It was held The Screening Committee that was companystituted by the memorandum dated 12 5 1986 was issued by the Labour Department, Government of West Bengal superseding some of the provisions of the earlier numberification and that numberification has been issued for the purpose of making relaxation of appointment except through Employment Exchanges under certain similar companyditions.
The facts necessary to render the decision are as follows.
In the circumstances, your claim for any employment under H.D.C. specially on the ground of acquisition of your lands by Haldia Dock Complex is number sustainable under the aforesaid order dated 27 4 1987 of the Honble High Court at Calcutta.
Thereafter, by letter dated 2 12 1987 issued by the appellant, 20 of the said respondents were intimated that their cases companyld number be companysidered, inasmuch as, their acquired lands were number in use and occupation of the Haldia Dock Complex and that those lands had number been handed over to the said authorities.
1705 of 1988 before the High Court praying that the same directions as issued in the order dated 27 4 1987 might be given to them.
Hence, the present civil appeals.
Earlier, when the directions came to be issued on 27 4 1987, a circular relating to the existence of the Committee was number known to the appellant.
The purpose of that Committee was different.
It was laid down that the names of the unemployed persons were to be forwarded to the employers by the employment exchanges, generally in the order of seniority.
Besides, the lands owned by them which were the only source of livelihood were lost.
This is the purpose for which the application for review filed before the learned trial Judge was rejected.
The State Government might have companystituted the Screening Committee for the purpose of giving job under the State Government.
Therefore, the cases of the respondents herein companyld number be companysidered by such a Committee.
On 17 10 1977 the Chief Secretary to the Government of West Bengal Labour Department issued a memo companytaining certain directions with regard to the recruitment in the State Government Establishments, State Government Undertakings, Quasi Government Establishments.
Hatiberia, O. Hatiberia, S. Haldia, Dist.
On a scrutiny, it has been observed that your purported lands, as per particulars furnished with your aforesaid petition dated 25 5 1987, have number so far been handed over to Haldia Dock Complex and, as such, the question of use and occupation of the same by Haldia Dock Complex does number arise.
The petitioners shall also furnish the details of qualifications and experience, if any, so that their cases may be companysidered for appointment in Class IV posts.
Accordingly, the appeals were dismissed.
It thereafter came to the knowledge of the appellant that a Committee had been companystituted by the State Government.
17471 W 1 985 ShriJayanta Kr.
The learned Single Judge by an order dated 3 5 1991 directed as under Until the cases of the petitioners are companysidered for employment in terms of this order, numberappointment shall be made in the Class IV grade excepting those who are companyered by the orders of this Court The petitioners shall give all particulars of their respective lands which were acquired for the Haldia Dock Complex of the Calcutta Port Trust within four weeks from the date of companymunication of this order.
In the year 1966 67, land acquisition proceedings under the Land Acquisition Act Central Act 1 of 1894 hereinafter referred to as the Act were initiated for acquiring land at Haldia Dock Complex.
All these civil appeals which have been preferred by Calcutta Port Trust can be dealt with under a companymon judgment since the point involved is companymon.
Prodhan Ors.
Out of 50 writ petitioners before the High Court, 30 were found eligible for appointments.
Petitioners Versus The Calcutta Port Trust Ors.
