Case: Hindustan Zinc Ltd Vs. Bhagwan Singh Bhati

2. The respondents had filed the writ petitions seeking directions to the present appellants for giving employment to members of the families of persons whose lands were acquired at the instance of appellant M/s. Hindustan Zinc Ltd. According to them, there was an agreement with the company whereby the company had agreed to give compensation for the land acquired and also to give employment to one member of the family of the land owners.3. The learned Single Judge taking note of the submissions of the company that there was no such agreement for giving employment but in view of the policy some preference was to be given, disposed of the writ petitions. It was the stand of the company that the only direction that is to be given was to consider cases of the writ petitioners in consonance with the applicable rules of the company. The High Court referred to an earlier order and allowed the special appeals.4. Stand of the present appellant was that there was no such agreement as contended. In fact the document which has been produced to project the claim that there was any agreement to give employment as claimed was a doctored one. The Division Bench did not attach any importance to the same and directed that in view of the earlier decision dated 21st November, 1996, the Writ Petitioners were entitled to the relief claimed.

Reasoning: It appears that various points urged by the appellant have not been taken note of; more particularly the stand that the document relied upon i.e. the purported agreement was a fabricated one and there was an insertion unauthorizedly by manipulation. It is to be noted that the factual scenario of the order on which the Division Bench of the High Court placed reliance was rendered in a factually different scenario. It is also stated that reliance should not have been placed on the order in a routine manner.9. The High Court has not indicated as to how the factual scenario is similar. No finding has also been recorded on the stand that the writ petition not only was belated but also was founded on a fabricated document. It is therefore appropriate to set aside the impugned order of the High Court and remit the matter to it for fresh consideration in accordance with law. The High Court is requested to explore the possibility of disposing of the appeal by the end of July, 2008.