Telangana High Court
WP/4440/2020 of Nannavena Saraiah 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 ABHINANO KUMAR SHAVILI Between: AND Nannavena Saraiah, S/o. Kanakaiah, aged about 60 years, Occ. Ex. General l\,4azdoor,
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HIGH COURT FOR THE STATE OF TELANGANA: [AT HYDERABAD](Special Original Jurisdiction)FRIDAY. THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE ABHINANO KUMAR SHAVILI
WRIT PETITION NO: 4440 OF 2020
Between:
Nannavena Saraiah, S/o. Kanakaiah, aged about 60 [years, Occ. ]Ex. [General]l\,4azdoor, EC.No.02565250, l,4ine. RK-6 Incline, Srirampur Area, SingareniCollieries Company Limited [(SCCL), ]R/o H.No.476, [Opp. ][10-73, ][Kythamapally,]Ramakrishnapur, Adilabad District.PETITIONERAND1. The Union of lndia, Ministry of Labour, [Rep. ]by [its ][Principal ][Secretary, ][Rajpath]Area, Central Secretariat, New Delhi, Delhi-110001.2. The Joint Bipartite Committee for the Coal lndustry, [Kolkatta, Rep.by ][its]Prl.Secretary, Under National Coal Wages Agreement, Coal [Bhavan, ][New Town,]Ralarhat, Kolkata, West Bengal-7001 56.3. The Coal Mines Provident Fund Organization, [Rep. by its ][Commissioner, ][Police]Line, Dhanbad, Jharkhand-826001 [.]4. The Medical Council of lndia, Rep.by its President, Dada Dev [Mandir ][Road]Dwarka Phase -1 , Pocket 14, SectorS Dwarka, [New Delhi-110077.]5. The Singareni Collieries Company [Limited, ][Rep. by its ][Chairman and ][Managing]Director, Singareni Bhavan, Red Hills, [Hyderabad.]6. The Director [(PA ]& W), The Singareni Collieries [Company Limited ][(SCCL),]Kothagudem, Kammam District.7. The General lvlanager [(Personnel), ]Welfare and [CSR, ][The Singareni ][Collieries]Company Limited [(SCCL), ]Welfare [Wing, Corporate Personnel ][Deparlment,]Singarena Bhavan, Hyderabad.8. The General l\,4anager, Srirampur [Area, ][The Singareni Collieries Company]Limited [(SCCL), ]Srirampur, Adilabad [District.]9. The l\rledical Board, The Singareni Collieries [Company ][Limited (SCCL),]Kothagudem, Kharmmam District, Rep. by the Chief Medical [Officer.]...RESPON DENTS
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]N,4andamus, declaring that the [v]inutes of the [l\4edical ][Board ][dated ][3.12.2019,]issued by the [gth ]Responden!Med ical Board of the 5th [Respondent-Compa ][ny,]communicated vide Proceedings in Ref. No. SRP/PER/18-002/8096, [dated]20.12.2019 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 Agreemenlvl, as illegal, arbitrary, contrary to the earlier [certificate ][under]Form-REF-4 issuecl under the Coal [Mines Provident Fund Scheme, 1963, ][contrary]to the [policy ]under the Mines 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 ol the Constitution of [lndia and ][unconstitutio ][na ][I ][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 employment to ][the ][petitioners]son in the Sth Respond ent-Compa ny as [per ][clause (i) ][of ][9.4.0 and further ][to ][pay ][all]the statutory benefits under the Mines Act, 1952 and its [Rules, ][1955 ][with ][all]consequentiaI benef its.
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 ]Coud [may be pleased ][to ][direct]the Respondents 5 to B, to include the [name ][of the ][petitioneis ][son ][in ][the ][live ][rolls ][of]the 5th Respo ndenlcom [pa ]ny for [providing ]employment [to ][the ][petitloners ][son]pending disposal ol the above Writ Petition.
lA NO: 2O2
Petition under Sectron 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 ][other]terminal benefits, inclusive of [Coal ][l\,4ines ][Provident ][Fund ][to ][the ][petitioner under ][the]Mines Act, 1952, [pending ]disposal of the above [writ ][petition.]
lA NO: 3 OF2
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 Respondent-Co mpany to send all the [Medical ][Certificates ][of ][the ][9th]Respondent - I\,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 writ [petition.]
lA NO: 1 OF 2021
Petjtion 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 ][permit]the petitioner to amend and subslitute [cause ][title ][in ][respect ][of the 2nd ][respondent]as "The Joint Bipartite Committee for the [Coal ][lndustry, ][Kolkatta, ][Rep. ][by ][its]l\4ember Secretary, Under National [Coal ][Wages ][Agreement, ][# ][Coal ][Bhavan. ][New]Town, Rajarhat, Kolkala, West Bengal-700156, [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, ][Ralarhat, Kolkata, ][West]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.s ][to ][9: ADOL.AOVOCATE GENERAL ][on behalf ][of]SRI J.SREENIVASA RAO, [SC ]for [Singereni Colleries]
The Court made the following: [ORDER]
()RI)I.-R
o.,+4,+02
When thc mattcr is takcn up for hearing, learned counsel oncithcr sidc fairly conceded that rhc issue involved in this writpetition is sqnarely covered by the order dated 07 .72.2021passed bythis Court in W.P.No.5455 of 2020.cithcr sidc fairly conceded that rhc issue involved in this writpetition is sqnarely covered by the order dated 07 .72.2021passed bythis Court in W.P.No.5455 of 2020.
Following thc order datcd 07.72.2027 in V.P.No.5455 of 2020,and frrr reasons alike, this Writ Petition is also disposed of. Noc()stsPcnding miscellancous petitions, if anv, shall stand closed.
SDIK.AMMAJIAS SISTAN}BE G ISTR A R,TRUE COPY//cal)SECTION OFFICERTo,'1. The Principal Secretary, Union of lndla, Ministry of Labour, Rajpath Area, CentralSecretariat, New Delhi, Delhi-1'1000'1.2. The Prl.Secretary, Joint Bipartite Committee for the Coal lndustry, Kolkatta, UnderNational Coal Wages Agreement, Coal Bhavan, New Town, Rajarhat, Kolkala, WestBengal-700'156.3 The Commissioner, Coal l\,4ines Provident Fund Organization, Police Line, Dhanbad,Jharkhand-826001.4. The President, l\,4edical Council of lndia, Dada Dev Ny'andir Road Dwarka, Phase -5. The Chairman and 1 , Pocket 14, Sector l\,4anaging B Dwarka, New Director, Singareni Collieries Company Limited, SingarenDelhi-'1 10077.Bhavan, Red Hills, Hyderabad.6. The Director [(PA ]& W). The Singareni Collieries Company [Limited (SCCL).]Kolhagudem. Kam'nann Orstncl7 The General Manager (Personnel), Welfare and CSR, Singareni Collieries CompanyLimrted (SCCL), Welfare Wing, Corporate Personnel Department, Singareni [Bhavan,]Hyderabad.8. The General Manager, Srirampur Area, The Singareni Collieries Company [Limited](SCCL), Srirampur, Adilabad Dislrict.9. TheChief Medical Officer, Medical Board, The Singareni Collieries [Company ][Limited](SCCL), Kothagudem, Kharmmam District10. One CC to SRI Ch.VENKAT RAMAN, Advocate [OPUC]11One CC to SRI K.ARVIND KUMAR, Advocate [OPUC]12One CC to Smt.G.POOJITHA, SC IOPUCI13One CC to SRI J.SREENIVASA RAO, SC for Singareni Colleries [OPUC]14Two C.D. Copies.15One Spare Copy.MRCNPJ
HIGH COURT
DATED:31/121202,,l
ORDERWP.No.4440 of 20201 [HE ][$ ]i,q [.]ri| ['l ]i^'i' r :99iDISPOSING OF THE [WRIT ][PETITION]WITHOUT COSTSt2_)-