Telangana High Court
WP/11617/2020 of Md. Vazeer, Vs The Union of India, on 31 December 2021
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY . THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 11617 OF 2020 Between: Md. Vazeer, S/o. Late Hussain, aged about 00 years, Occ.
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HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABADAT HYDERABAD(Special Original Jurisdiction)FRIDAY .THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY ONEFRIDAY .THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE
PRESENTTHE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILIWRIT PETITION NO: 11617 OF 2020
Between:
Md. Vazeer, S/o. Late Hussain, aged about 00 years, Occ. Ex. Trammer, (Underground,EC.No.2587236. l\,4ine. KK-1 lncline, l\,4andamarri Area, Singareni Collieries CompanyLimited [(SCCL), ]R/o. l\.4andamarri, Adilabad District.PETITIONERSAND1. The Union of lndia, l\,4inistry of Labour, Rep. by its Principal Secretary, RajpathArea, Central Secretariat, New Delhi, Delhi-1 10001 .2. The Joint Bipartite Committee for the Coal lndustry, Koikatta, Rep.by itsPrl.Secretary, Under National Coal Wages Agreement, Coal Bhavan, New Town,Ralarhat, Kolkata, West Bengal-700'156.3. The Coal Mines Provident Fund Organization,, Rep. by its Commissioner, PoliceLine, Dhanbad, Jharkhand-826001 .4. The lvledical Council of lndia,, Rep.by its President, Dada Dev [,4andir RoadDwarka Phase -1, Pocket 14, Sector 8 Dwarka, New Delhi-110077.5. The Singareni Collieries Company Limited,, Rep. by its Chairman and [,4anagingDirector, Singareni Bhavan, Red Hills, Hyderabad.6. The Director (PA AND W), The Singareni Collieries, Company Limited [(SCCL),]Kothagudem, Khammam.7. The General l\,4anager (Personnel),, Welfare AND CSR, The Singareni CollieriesCompany Limited (SCCL) Welfare Wing, Corporate Personnel Department,Singareni Bhavan,Hyderabad.B. The General Manager, l\,4andamarri Area, [The ]Singareni Collieries [Company]Limited [(SCCL ]N,4andamarri, Karimnagar District.L The N,4edical Board,, The Singareni Company Limited [(SCCL),]Kothagudemcollieries Kharmmam District, Rep. by the Chief Medical Officer...RESPONDENTS
Petition Under Arlicle 226 of the Constitutlon 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]Mandamus, declaring that the Minutes of the Medical Board, issued by the [r]Respondent-Corporate Medical Board of the sth [Respondent-Com ][pany, 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 Coal [Mines]Provident Fund Scheme, 1963, contrary to the [policy ]under the [l\,4ines ]Act, [1952 and]its Rules, 1955, violative of the National Coal Wages Agreement, violative [of]principles of naturaljustice and violalive of Articles 14, 16 and 21 of the Constitutionof lndia and u nco nstitutiona l, and set aside the [same, by holding that ][the ][petitioner]is medically invalidated under Clause [(i) ]of NCWA-VI of 9.4.0 of the [2nd ][respondent]by providing emptoyment to the [petitioner's ]son in the sth [Respondent-Com ][pa ][ny ][as]
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per clause (i) of 9.a.0 and further to pay all the statutory benefits under the [l\4ines]Act, 1 952 and its Rules, 1955 with all consequential benefits, and to [pass.]
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 ][amend]and substitute cause title in respect of the 2nd [respondent ]as ["The ]Joint [Bipartite]Committee for the Coal lndustry, Kolkatta, Rep. by its [[,4ember ]Secretary, [Under]National Coal Wages Agreement, Coal Bhavan, New Town, Rajarhat, [Kolkata,]West Bengal-7o0156, instead of the Joint Bipartite Committee [for ]the [Coal ][industry,]Kolkatta, Rep. by its Prl, Secretary, Under [National ][Coal ][Wages Agreement, ][# ][Coal]Bhavan, New Town, Rajarhat, Kolkata, [West Bengal-700156", and ][pass]
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 [petitioner's ][son in ]the [live ][rolls ][of]the 5th Respondent-Com [pany ]for [providing ]employment to the [petilioner's ][sorr,]pending disposal of the above Writ Petition.
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 pay all the statutory benefits like [gratuity ]and otherterminal benefits, inclusive of Coal [,4ines Provident [Fund ]to the [petitioner under ][the]Mines ACT, 1952, [pending ]disposal of the above writ [petition.]
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 5th Respondent-Co mpany to send all the l\iledical Certificates of the [9th]Respondent - l\,4edical Board in respect of the [petitioner herein ]to [the ][2nd]respondent for adjudicating whether the case of the [petitioner ][falls ][under ][category](i) or (ii) of 9.4.0 of NCWA-Vl, pending disposal of the above wrlt [petition.]
Counsel for the Petitioners : SRI.CH.VENKAT [RAlvlAN]
Counsel for the Respondent Nos.1 to 3 : SRI [K.ARAVIND KUMAR]
Counsel for the Respondent No.4 : Ms.G.PUJITHA
Counsel for the Respondent Nos.s to 9 : [ADDL. AOVOCATE GENERAL ][i]
SRI J.SREENIVASA RAO
The Court made the following ORDER
qB-DE-&
Vr.P.No.ll 677 of 2020
Whur the matter is taken up for hearing, leamed counsel oncithcr side fairlv conccded that the issue involved in this writpetition is squarely covered by the ordcr dated 07.12.2021 passed bythis Court in W.P.No.5455 of 2020.
Iro orving thc ordcr d,atccl 07 .72.2021 i n W.P.No.5455 of 2020,and tbr reasons alit<e, this Writ Pctition is also disposed of. NoC OS tS.
Pending misccll:rneous pctirions, if any, shall stancl closed.
HIGH COURT
DATED:31/1212021
ORDERWP.No.11617 [of ][2020]
1r{€ [:j ][i4]to^c()1i [, ]. tolJaA'-rr-o I[o]OISPOSING [OF THE ][W.P]WITHOUT [COSTS.]w[l-F]