Pettam Shanker v. The Union Of India And 8 Others

HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdictlon) FRIDAY ,THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 4415 OF 2020 Between Petlam Shanker, S/o. Bheemaiah, Aged about 60 years, Occ. EX. Explosive Carrier, EC.No.02023761. DORLI OCP-l BPA, Bellampally Area, Singareni Collieries Company Limited (SCCL), R/o. H.No. 6-7'1, Thangallapalli, Thandur l\,4andal, Kistampet, Adilabad District.

,,.PETITIONER AND

1. The Union of lndia, lvlinistry of Coal, Rep. by its Principal Secretary, No. Rajpath Area, Central Secretariat, New Delhi, Delhi-1 10001.

2. The Joint Bipartite Committee for the Coal lndustry, Kolkatta. Rep.by its Prl.Secretary, Under National Coal Wages Agreement, No. Coal Bhavan, New Town, Rajarhat, Kolkata, West Bengal-7oo150.

3. The Coal N/ines Provident Fund Organization, Rep. by its Commissioner, Police Line, Dhanbad, Jharkhand-820001 .

4. The tvledical Council of lndia, Rep.by its President, No. Dada Dev l\,4andir Road Dwarka Phase -1 , Pocket 14, Sector 8 Dwarka, New Delhi-1 10077.

5. The Singareni Collieries Company Limited, Rep. by its Chairman and I\,4anaging Director, Singareni Bhavan, Red Hills, Hyderabad.

6. The Direclor (PA & W), The Singareni Collieries Company Limited (SCCL), Kothagudem, Khammam District.

7. The General Manager (Personnel), Welfare and CSR, The Singareni Collieries Company Limited (SCCL), Welfare Wing, Corporate Personnel Department, Singareni Bhavan, Hyderabad.

8. The General Manager, Bellampally Area, The Singareni Collieries Company Limited (SCCL), Bellampally, Adilabad District.

9. The l\,4edical Board, The Singareni Collieries Company Limited (SCCL), Kothagudem, Khammam District, Rep. by the Chief lr/edical Officer. .,.RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction, more particularly one in the nature of Writ of l\4andamus, declaring that the Minutes of the Medical Board dated 0311212019, issued by the 9th Respondent-Med ical Board of the sth Respondent-Company, communicated vide Proceedings in Ref. No. lV lV R/PER/L/062/19i 8897, dated 2011212019 of the 8th Respondent, in so far as stating that the petitioner disables to perform his duties regularly and efficiently, having regard to the nature of disability he was suffering and categorized under Clause No. (ii) of 9.4.0 of National Coal Wage Agreement-Vl, as illegal, arbitrary, contrary to the earlier certificate under Form-REF-4 issued under the I

Coal Mines Provident Fund Scheme, 1963, contrary to the policy under the ['4ines Act. 1952 and its Rules, 1955, violative of the National Coal Wages Agreement, violative of principles of natural justice and violative of Articles 14, '16 and 21 of the Constitution of India and unconstitutional, and set aside the same, by holding that the petitioner is medically invalidated under Clause (i) of NCWA-Vl of 9.4 0 of the 2nd respondent by providing employment to the petitioner's son in the sth Respondent Company as per clause (i) of 9.4.0 and further to pay all the statutory benefits under the f\ilines Act, '1952 and its Rules, '1955 with all consequential benefits. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 5 to 8, to include the name of the petitioners son in the live rolls of the 5th Respondent-Company for providing employment to the petitioner's son, pending disposal of the above Writ Petition.

IANO:2O F 2020 Petition under Section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 5 to 8, to pay all the statutory benefits like gratuity and other terminal benefits, inclusive of Coal Mines Provident Fund to the petitioner under the Mines Act, 1952, pending disposal of the above writ petition. lA NO: 3 oF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the sth RespondenLCompany to send all the l\,4edical Certificates of the gth Respondent - Medical Board in respect of the petitioner herein to the 2nd respondent for adludicating whether the case of the petitioner falls under category (i) or (ii) of 9.4.

0 of NCWA-VI, pending disposal of the above writ petition. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit faled in support of the petition, the High Court may be pleased to permit the petitioner to amend and substitute cause title in respect of the 2nd respondent as "The Joint Bipartite Committee for the Coal Industry, Kolkatta, Rep by its Member Secretary, Under National Coal Wages Agreement, # Coal Bhavan, New Town, Rajarhat, Kolkata, west Bengal-7oo156, instead of the Joint Bipartite Committee for the Coal lndustry, Kolkatta, Rep. by its Prl. Secretary, Under National Coal Wages Agreement, # Coal Bhavan, New Town, Rajarhat, Kolkata, Wesl Bengal-700156". Counsel for the Petitioner: SRI Ch. VENKAT RAMAN Counsel for the Respondent Nos.1 to 3: SRI K.

ARVIND KUMAR Counsel for the Respondent No.4: Smt.G.POOJITHA, SC Counsel for the Respondent Nos.5 to 9: ADDL.ADVOCATE GENERAL on behalf of SRI J.

IION'BLE SRI JT,iSTICE ABHINAND KUMAR SHAVILI \Y.P No.4415 ot Z0Z0 ORDER:

When the matter is taken up for hearing, learned counsel on either side faidy conceded that the issue involved in this writ pedtion is squarelv covered by the order dated 07.12.2021 passed by this Court in W.P.No.5455 of 2020.

Follorving thc ordcr dated 07 .12.2021in W.p.No.5455 of 2020, ancl f<rr rcasons alil<r,, this Writ petition is also disposed of, No COSIS I'cnding misccllane ous pctitions, il anv, si-rall stand closcri. SD/.N.CHANDR SEKHAR RAO T REGISTRAR ASSIST //TRUE COPY// SECTION OFFICER To, ThePrlnc|oalsecretary,Unlonoflndia,MinistryofLabour,RajpathArea'cenlral Secrelanal New Delhr, Delni-1 10001'

i;; F;;a;;;;;;*, ioi.it aipa,tire Comrnrttee for the coar lndustrv' Kolkatra' under Nii;#ic;;l w;r"i e,gi.i"r"n,. iJut en""n New Town' Rajarhar' Kolkata west Benoal-700156.

?Fl]'ioti,"n',",1.iiin"r., coal Mines Provident Fund organization' Police Line' Dhanbad' Jharkhand-826001.

i# ffi;id,;ii"lt4;dical council of lndia, Dadl D-ev lvlandir Road Dwarka Phase - i. F."kJl4 Sector 8 Dwarka, New Delhi-1'10077' +h;t"i;il;""r-;il,li*srs-Di,"c;I sing'|."ni collieries companv Limited' singareni Bhavan. Red Hills, Hyderabad.

ii E'5ii;li"iri;e e u,li tfiiSingareni collieries Companv Limited (sccL)' Kothaoudem. Khammam District.

?xii'6?;".iJ i rr,,lli:js;ilpu|..o"""rr welrare and csR, srngarenr colreries company ii;it;; iidiil, tiEiiui" wing' ccjlporate Personnel Depaitrent' sinsarenr Bhavan' Hvderabad.

ril!'c?i'"i"r Manaqer, Srrrampur Area, The Singareni collieries company Limited {SCCL). Srrrampur, Adrlabad Dislri''

ii:tti;"iM;i;;i6trtei, veoicart'oard rhe srngareni collreries companv Limrted aSCCL). Kothaqudem. Kharrmam Distrrct 5""":6 i;'snibh vENKAT RAlvlAN, Advocale- [oP^uc] 5;; 6c i; sni x.nnvtno KUMAR, Advocate [oPUc] One CC tO SMt,G,POOJITHA, SC IOPUCI 15c.

&- . 6iiE EE i" 5ni l"sn-eEilrvAse nAo, sc'ror srnsareni collenes [oPUc] . Two C.D. Copies.

. One Spare coPY.

MR TR

HIGH COURT D ATEO:3'l11212021 -( i srar5'

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ORDER

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WP.N0.4415 of 2020 ..J/t OISPOSING OF THE WRIT PETITION WITHOUT COSTS fr4