WPA/6930/2022
2022 Latest Caselaw 5331 Cal

47
jdt.




       11.08.2022
          jb.




                                  W.P.A. 6930 of 2022

                    Mr. Prosenjit Mukherjee
                    Ms. Tiyasa Ghosh
                                  .... For the Petitioner

                    Mr. Asim Kr. Ganguly
                    Mr. Sudip Sarkar
                                 ..... For the State



                            Affidavit of service filed on behalf of

                    the petitioner is taken on record.

                            It     is     submitted             on        behalf    of   the

                    petitioner that the grand father in law of

                    the petitioner was the recorded owner of the

                    plot in question which was acquired under the

                    West         Bengal           Land           (Requisition            and

                    Acquisition) Act, 1948 and by a notification

                    published on 21st August, 2002 by the Labour

                    Department, Government of West Bengal it was

                    stated any family member of land losers were

                    made      eligible          for       employment.          Since     the

                    original          owner          was        not        eligible      for

                    employment,           the        father          in     law     of   the

                    petitioner          submitted          an   affidavit          declaring

                    that he had no objection if the petitioner
                                      2




was     enrolled       in       the        national          employment

exchange       under    the      exempted             category      as    a

land     loser       for     the         purpose        of     granting

employment in terms of the notification dated

21st    August,      2002.      The       petitioner          complains

that the petitioner's prayer was turned down

by     the    concerned      authority               relying    upon      a

subsequent           notification               of      the      Labour

Department        published           on       1st    January,      2005

which reduced the extent of family members of

the land losers.

        Learned counsel has placed reliance on a

judgment       passed      by    a       co-ordinate          Bench      of

this Court on 21st April, 2015 in W.P. 5651(W)

of 2011 in support of his contention.

        Learned       counsel            for     the     respondents

seeks accommodation to take instructions in

the matter.

Let the matter appear under the same

heading on 2nd September, 2022.

(Suvra Ghosh, J.)