Disposed

The National Thermal Power Corporation Limited v. M. Sathish

Telangana HC6 Mar 2012WA/810/2011

Case brief

AI extract

What is this about?

This judgment disposed of writ appeals challenging an order directing a power corporation to hire land oustees within three months. The two-judge bench set aside only the specific time limit, confirming the judgment's other aspects regarding the mandatory absorption agreement.

What did the court decide?

Disposal of writ appeals setting aside the three-month time stipulation of the lower court order while confirming the order in all other respects.

The National Thermal Power Corporation Limited Vs M… — Land Acquisition | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE V.ESWARAIAH and

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THE HON’BLE SRI JUSTICE K.G.SHANKAR

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WRIT APPEAL Nos.808 and 810 of 2011

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COMMON JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah)

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These two writ appeals are directed against the common order dated 25-08-2011 passed by the learned Single Judge in W.P.Nos.1142 of 2008 and 883 of 2009 respectively.

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As common questions of law and facts are involved in these two writ appeals, the facts in W.A.No.883 of 2009 are referred to for consideration.

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The 1^st respondent/petitioner herein filed W.P.No.883 of 2009 seeking a direction to the appellants herein to provide him semi skilled/unskilled employment and any rehabilitation and resettlement packages as he being one of the land oustees.

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It is the case of the 1^st respondent that in the year 1977, the appellants herein acquired the land of 17 villages including the land of the 1^st respondent for the purpose of establishment of National Thermal Power Corporation (for short “NTPC”) unit at Ramagundam, Karimnagar District. It is stated that NTPC and the State Government authorities promised to provide rehabilitation packages viz., providing house site plots, shifting allowance, transportation facilities and some subsistence allowances to those, who are residing in the villages, apart from promising to provide employment to the affected persons in skilled or unskilled, particularly class-III and class-IV posts in NTPC Ramagundam unit. But,

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the appellants have not provided any rehabilitation and resettlement packages to the affected persons in spite of making several representations. In fact, the 1^st respondent was interviewed and was selected for the post of Mazdoor in the year 1990 under the land outsees quota, but however, due to some typographical mistake in the award proceedings, the 1^st respondent’s case was refused and sent for verification. But, by the time of submitting rectified land oustee certificate, the appellants completed appointment proceedings and informed the 1^st respondent that his case would be considered in subsequent appointments. It is stated that there was an agreement for recruitment of skilled/unskilled workers but the said agreement has not been implemented and, therefore, the said writ petition was filed.

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A counter was filed stating that the total extent of land i.e., Ac.10,300-00 cents was acquired by the appellants out of which only Ac.5,300.00 constitute private land and the remaining constitute Government land. The approved list of land oustees i.e., 3800 was forwarded to the appellants by the District Collector out of which, 428 land oustees were provided employment. The appellants depending on time-totime vacancies position and as per the manpower requirement accommodated the said land oustees. The present manpower in the appellants is about 1586 employees including executives and nonexecutives having technical acumen. The land oustees constitute 393 in number, which is more than 24 percent of the total strength. Insofar as the agreement is concerned, it is stated that a meeting was held on 20-092008 in the chambers of the Hon’ble Minister of Labour, Government of Andhra Pradesh, between NTPC officials and the Trade Union

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representatives, in which NTPC agreed that it would absorb an additional 75 number of unskilled workers by March, 1990. It is stated that as against the said commitment, NTPC had recruited 141 land oustees.

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An additional counter is filed stating that in view of surplus man power, the appellants have decided to reduce current man power. Though a notification was issued on 14-06-2001, the same was withdrawn in the year 2003 and no recruitment had taken place, insofar as the posts for which the writ petitioners are eligible.

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The learned Single Judge by order dated 25-08-2011 held that pursuant to the agreement arrived at between the appellant and the Trade Unions, the appellant agreed to provide employment to 125 workers and out of them 100 would be absorbed, but however not a single person was appointed for more than a decade, that having issued Notification in the year 2001, the same was withdrawn, that the commitment, which emerged in the joint meeting of the representatives of Management and Trade Unions is remaining unimplemented for the past more than two decades. Such a situation cannot be countenanced in a public sector undertaking for whose benefit whole villages were uprooted and accordingly allowed the writ petition directing the appellants herein to take necessary steps to implement the resolution passed on 20-09-1988 to fill up the vacancies, mentioned therein, within a period of three months from the date of receipt of the order.

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We have perused the record pertaining to the meeting held on 20-09-1988 in the chambers of Hon’ble Minister of Labour and after negotiations, the following decisions were arrived at:i) In keeping with the commitment given by CMD, NTPC,

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the management of NTPC would absorb all the 33 ITI candidates. However, since a test has already been conducted and since only 23 of the 33 qualified the written test, these 23 candidates would be absorbed immediately in the follow manner.

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The 9 persons, who have passed the written test, but did not qualify will be absorbed after one month’s training by the NTPC. The remaining 10 candidates, who have not passed the written test will be given 6 months training by the company, the cost of training will be born by the NTPC. The Collector stated that he would arrange for stipend for the period of one month and six months for 9 and 10 candidates respectively.

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ii) It was also agreed that while any other I.T.Is available as on today ie., 20-09-1988 will be absorbed to the extent these trades are required for the company. In case, these trades are not required they should be absorbed as unskilled workers. This facility of automatic absorption of I.T.Is., will not be available in future. Nevertheless they will be continued to be eligible for such benefits as and available for land oustees.

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iii) It was agreed that NTPC would absorb 125 workers (unskilled workers) before the end of March, 1989. They shall, however, make efforts to complete this work by December, 1988. It was further agreed that an additional compliment of 75 unskilled workers will be absorbed by December, 1989/March, 1990. They shall, however, take efforts to increase this number at least to 100. It was further agreed that whatever unskilled workers posts are created in 1989-90, over and above whatever has been agreed will go only for land oustees. The District Collector, Karimnagar will over see the filling of these additional vacancies.

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iv) It was agreed that in future, contractors involving work of unskilled nature in Operation and Maintenance will be handled by the Workers Cooperatives from among the land oustees, subject to their availability. The modalities for giving these works to the labour Cooperatives of Land oustees can be decided based on the Government orders to the advantage of the land oustees.”

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Learned counsel appearing for the appellants submits that pursuant to the said decisions, the appellants herein have recruited 141 land

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oustees. He further submits that as and when vacancies arise for recruitment of unskilled workers, the cases of the respondents would be considered as per their seniority, entitlement and eligibility, for which the learned counsel appearing for the 1^st respondent says no objection.

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Having regard to the facts and circumstances of the case, we are of the opinion that the common order passed by the learned Single Judge is liable to be set aside insofar as time stipulation is concerned.

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Accordingly, the writ appeals are disposed of setting aside the common order dated 25-08-2011 passed by the learned Single Judge insofar as time stipulation is concerned while confirming the same in all other respects. There shall be no order as to costs.

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________________ V.ESWARAIAH, J

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________________ K.G.SHANKAR, J

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Date : 06-03-2012 Prv

The National Thermal Power Corporation Limited v. M. Sathish

Case brief

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The National Thermal Power Corporation Limited v. M. Sathish

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