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2001 DIGILAW 61 (JHR)

Sugiya Oraon v. Central Coal Field Ltd.

2001-01-29

M.Y.EQBAL

body2001
ORDER M.Y. Eqbal, J. 1. In this writ application the petitioner has challenged the office order dated 1.7.2000 issued by respondent No. 3, the colliery Manager, Kedla Area of CCL, whereby the petitioner was declared fit to resume alternative job and further for a direction to the respondents to give the petitioner the benefits of 9-4-0 of the National Coal Wages Agreement (shortly NCWA) by giving employment to his son. 2. The petitioner was working on the post of Time Rated Employee and was posted at Kedla underground project, Hazaribagh area. In curse of employment he met with an accident on 7-10-1998 in the underground mine and sustained serious injury in his right leg. The petitioner was hospitalised in CCL hospital for more than a year and remained under the treatment of the Area hospital of CCL. The petitioner was continuously allowed medical leave as he was not in a position to perform his duty. The petitioner, therefore, applied for employment of his son on 1-1-2000 under para 9-4-0 of NCWA. It is alleged that in order to deprive the petitioner from the benefit to employment of his son, the respondents held a Medical Board Just few days before his retirement and declared him fit to resume alternative Job. 3. A counter affidavit has been filed on behalf of the respondents stating, inter alia, that the impugned office order dated 1-7-2000 have been issued in pursuance of the letter dated 28-6-2000 issued under the signature of Deputy P.M. (Medical) CCL, Ranchi whereby it was conveyed that a Medical Board was held on 24-6-2000 and the petitioner was declared fit to resume alternative job. It is further stated that since the petitioner has been declared medically fit by the Medical Board on 24-6-2000 and he was also retired from service with effect from 6-7-2000 on attaining the age of 60 years, the benefit of Clause 9-4-0 of NCWA is not available to the petitioner. 4. There is no dispute that under NCWA if disablement of a concerned workman arises from an injury of disease which is of permanent nature resulting into loss of employment then the concerned employee would be entitled to the benefit of employment of his dependant on the condition that the physical disability is certified by the Medical Board of the Coal company. 5. 5. In the instant case admittedly the petitioner sustained serious and grievous injury in his right leg in an accident occurred on 7-10-1998. Because of the accident there is compound fracture of his right leg and ankle and the petitioner was confined to bed for about one and half years. Because of permanent disability the petitioner applied on 1-1-2000 for employment of his son. Petitioners son was, accordingly, interviewed and the matter was forwarded to the Chairman-cum-Managing Director for final order. Surprisingly no decision was taken by the respondents. However, just few days before the retirement of the petitioner a Medical Board was held on 28-6-2000 in which the petitioner was declared fit to resume alternate job. The letter dated 28-6-2000 which is annexure 10/A to the writ application is quoted hereinbelow:-- Central Coal Field Ltd., Darbhanga House, Ranchi. Ref.: CHS/IOD Com/2K 5381-88. Dated 28-6-2000. To, The Area Medical Officer, Piparwar/Argada/Barkakana/Hazab. Sub: Recommendation of compensation cases and payment for IOD cases. Dear Sir, The opinion of the Medical Board held on 24-6-2000 at CH, Naisarai to finalise the compensation cases (non-scheduled injury) and payment for IOD wages of the following employees duly approved by CMS, CCL, Ranchi is appended below: 1. Sri Subhas Nonia, P/Ratal Bachra Project, Piparwar/To continue in IOD wages for one month." 2. Sri Jabiar, Helper, Cat. II, Gidi (Wsry)./"To continue in IOD wages for 2 months." 3. Sri Sukhdeo Thakur, H/Sinlar, Saunia-D./Since the employee was retired from the services, he may be given IOD wages for 2 months. 4. Sri Chandra Bhabu Hazari, S/Guard, Sirka Colliery./"To continue in IOD wages for 2 months." 5. Sri Sugia Oraon, TRE, Kedla UG Project, Hazb/"Fit to resume alternate job". 6. Sri Nageshwar Munia, M/H, Bachra Proj. PPR/"1.5% (one and half percent) loss of earning capacity." This is for your information and necessary action pleas. Yours faithfully, Sd/- Dy. Personnel Manager (Med) 6. As noticed above, the petitioner met an accident on 7-10-1998 and was confined to bed continuously for his compound fracture in his right leg which was operated upon twice. PPR/"1.5% (one and half percent) loss of earning capacity." This is for your information and necessary action pleas. Yours faithfully, Sd/- Dy. Personnel Manager (Med) 6. As noticed above, the petitioner met an accident on 7-10-1998 and was confined to bed continuously for his compound fracture in his right leg which was operated upon twice. The date of superannuation of the petitioner was 6-7-2000 Just 7 days before his retirement the petitioner was examined by the Medical Board Curiously enough the Medical Board was constituted for the purpose of assessment and finalisation of compensation and payment of IOD wages to the petitioner and other employees whose cases were duly approved by the CMS, CCL, Ranchi but instead of assessing the compensation the petitioner was declared fit to resume alternate job. On the basis of this medical report, five days before the retirement, the impugned letter dated 1-7-2000 was issued directing the petitioner to resume alternate job. 7. On the basis of these facts I am of the definite opinion that the conduct of the respondents prima facie appears to be arbitrary and mala fide. As stated above, admittedly because of compound fracture of leg and knee the petitioner was confined to bed for one and half years and became physically disable to discharge his normal duty which is evident from the fact that the petitioner was asked to resume alternate job. Knowing fully well about the disability of the petitioner, his application for employment of his son was processed and forwarded to the Chairman for final order. All of a sudden 5-6 days before his retirement a medical report was obtained and the impugned letter was Issued depriving the petitioner of the benefits of the provisions of NCWA. The action of the respondents, therefore, does not appear to be bona fide. 8. For the aforesaid reasons, this writ application is allowed. The impugned letter dated 1-7-2000 is quashed. The respondents are directed to consider the application of the petitioner and to take final decision for giving the benefits of clause 9-4-0 of NCWA to the petitioner.