Case Note & Summary
The petitioner, Ganesh Waman Modak, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench, challenging the action of the respondents (Union of India, Western Coalfields Limited and its officers) in not granting him employment despite his land being acquired for the 'Navin Kunada Open Cast Project'. The petitioner's land was acquired for the coal project, and he sought employment as per the policy of the respondent company. The respondents denied employment on the ground that the petitioner held less than three acres of dry crop land, while they had granted employment to persons holding more than three acres. The petitioner contended that this was discriminatory and violative of Article 14. The respondents argued that an appeal against the award was pending, but the Court noted that this did not assist their case. The Court observed that the respondents had granted employment to more than twenty similarly situated persons, as evidenced by a list placed on record, and there was no denial of this fact. The Court held that the petitioner, who held a smaller piece of land, cannot be discriminated against; in fact, such persons are more sufferers. The creation of a class based on acreage was arbitrary and violated Article 14. The Court allowed the writ petition, made the rule absolute, and directed the respondents to consider the petitioner's claim for employment in accordance with law.
Headnote
A) Constitutional Law - Right to Equality - Article 14 of the Constitution of India - Discrimination in Employment on Land Acquisition - The petitioner's land was acquired for 'Navin Kunada Open Cast Project' by Western Coalfields Limited. The respondents denied employment to the petitioner on the ground that he held less than three acres of dry crop land, while they had granted employment to persons holding more than three acres. The Court held that the petitioner, being similarly situated, cannot be discriminated against. The creation of a class based on acreage is arbitrary and violates Article 14. The petition was allowed with a direction to consider the petitioner's claim for employment. (Paras 2-5)
Issue of Consideration
Whether denial of employment to a person whose land was acquired for a coal project, on the ground that he held less than three acres of land, while others with more than three acres were given employment, violates Article 14 of the Constitution of India.
Final Decision
The writ petition is allowed. Rule is made absolute in terms of the prayer. The respondents are directed to consider the petitioner's claim for employment in accordance with law.
Law Points
- Article 14 of the Constitution of India prohibits discrimination between similarly situated persons
- employment on land acquisition cannot be denied based on size of land holding
- policy creating class based on acreage is arbitrary
