Judgment

MOHAN, J.:- Leave granted.

All these civil appeals which have been preferred by Calcutta Port Trust can be dealt with under a common judgment since the point involved is common.

2. The facts necessary to render the decision are as follows :

In the year 1966-67, land acquisition proceedings under the Land Acquisition Act (Central Act 1 of 1984) (hereinafter referred to as the Act) were initiated for acquiring land at Haldia Dock Complex. Consequent to this acquisition, several families came to be uprooted from the places of residence. Besides, the lands owned by them which were the only source of livelihood were lost. Respondents belong to-that category.

3. On 17-10-1977 the Chief Secretary to the Government of West Bengal (Labour Department) issued a memo containing certain directions with regard to the recruitment in the State Government Establishments, State Government Undertakings, Quasi Government Establishments. Inter alia, it was stated therein that the employer authority shall notify to the appropriate employment exchange about all vacancies that might occur in their establishments from time to time. 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. The idea was, where other factors and requirements in respect of qualification are equal, priority in the matter of appointment was to be given to those who enrolled their names earlier unless they had been given adequate chance or already employed in comparable scales. It was further mentioned that every provision of Employment Exchange Manual shall be strictly followed. It was also stated that the employment exchange should also try to give greater priority to the candidates from the backward areas.

4. This Notification was amended on 13-8-1979. The effect of the amendment, was in certain category of cases, however, the employing authority would be competent without referring to the employment exchange to give appointment to candidates hailing from families who might have been uprooted from their places of residence or whose main source of income had been affected due to such loss of agricultural lands, owing to the acquisition for development projects like setting up a power plant or a township etc., as in Haldia. Only one member from an uprooted affected family shall be eligible for such special preference for jobs in and around the area acquired.

5. To consider the effect of the above acquisition, the appellant (Port Trust) held a meeting on 27-8-1978. In the said meeting a resolution was passed as to the principles which are to be followed in relation to recruitment to the posts in Haldia Dock Complex. It was mentioned that priority in appointment, inter alia would be given to those affected by the land acquisition and that such appointment could be through the employment exchange. In spite of the above, it appears that the Port Trust started absorbing the workers employed by the various contractors. This prompted some persons who were uprooted to move the High Court for a mandamus to command the Port Trust to provide them with jobs commensurate with their qualifications. By judgment dated 27-4-1989 of the Calcutta High Court, the following directions were issued :

"(a) Until the cases of the petitioners are considered for employment in terms of this order no appointment shall be made in Class IV Grade.

(b) The petitioners shall within three weeks from the date of communication of this order shall give all particulars of the lands belonging to them which had been allegedly acquired and which are in the use and occupation of the Haldia Dock Complex. The petitioner shall also give Employment Exchange Regulation No. and the date of the last renewal, if any made.

(c) The petitioner shall also furnish their qualification and experience, if any, specifying the category of posts for which they are asking for their employment.

(d) The respondents shall within three wee