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NTPC Kahalagaon Vs. Nakul Das [05/09/14]

[Civil Appeal No. 8487 of 2014 arising out of SLP (C) No. 31026 of 2011]. [Civil Appeal No. 8489-8490 of 2014 arising out of SLP (C) No. 33518-33519 of 2011]. Civil Appeal arising out of Special Leave Petition (Civil) No.31026 of 2011 is treated as lead case and the background facts culled therefrom are briefly mentioned below : The appellant in this case is National Thermal Power Corporation, Kahalagaon (hereinafter referred to as the 'NTPC'). It established a Super Thermal Power Plant in the District of Kahalagaon, Bihar in the year 1986. While doing so, the NTPC had prepared a plan for the recruitment of labour in such plant, with preference to be given, in various classes of such labour, to persons whose lands had been acquired for the construction of the said plant (Land Oustees). Thereafter, the NTPC ran into industrial relations problems as the said Land Oustees demanded a larger share of preference in the employment in the various classes of posts. Accordingly, the NTPC made adjustments to the recruitment procedure on 28.05.1986. Subsequently, it ran into further labour problems such as Bandhs, Gheraos, etc. by the said Land Oustees. On this account, the appellant was suffering huge loss on a daily basis. As a result, the NTPC resolved to exclusively employ Land Oustees in all the specific labour classes.

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