Dashrath v. South Eastern Coaldields Ltd.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6679 of 2016
1. Dashrath S/o Ghuren, Aged About 59 Years, Presently Working As Driller Category- V, Churcha East Colliery (R.O.), Baikunthpur, District Korea (Chhattisgarh)
2. Ganesh Prakash S/o Dashrath, Aged About 28 Years R/o. Churcha East Colliery, Baikunthpur, District Korea (Chhattisgarh) ---- Petitioner
Versus
1. South Eastern Coalfields Ltd. Through Chairman-Cum- Managing Director, South Eastern Coalfields Limited, Seepat Road, Bilaspur (Chhattisgarh)
2. The General Manager, South Eastern Coalfield Limited, Baikunthpur, District Korea (Chhattisgarh)
3. Deputy Chief Personnel Manager, South Eastern Coalfield Limited, Baikunthpur, District Korea (Chhattisgarh)
4. The Personnel Manager, South Eastern Coalfield Limited, Churcha Colliery, Baikunthpur, District Korea (Chhattisgarh)
5. Sub Area Manager, South Eastern Coalfield Limited, Churcha Colliery, Baikunthpur, District Korea (Chhattisgarh)
6. Chief Of Medical Services, South Eastern Coalfields Limited, Seepat Road, Bilaspur (Chhattisgarh) ---- Respondent For Petitioner Mr. S. Majid Ali, Panel Lawyer For Respondent /SECL Mr. Vivek Chodpa, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 6/4/2017
1. Heard.
2. The petitioners have preferred this writ petition seeking direction to the respondent authorities to forward the case of petitioner No.1 for screening before the Medical Board and allow the benefits admissible to him in terms of Clause 9.4.0. of the National Coal Wage Agreement. They have also prayed for a declaration that petitioner No.1 has become unfit for employment and thereafter, to grant dependent employment to petitioner No.2.
3. Mr. Vivek Chopda, learned counsel for the respondents, would submit at the outset that the petitioner's case has already been referred to the Medical Board and based upon the findings of the Medical Board, the SECL shall take further steps in accordance with the National Coal Wage Agreement.
4. In view of the submission made by learned counsel for the SECL, the writ petition is disposed of with observation that the Medical Board shall examine petitioner No.1 within a period of 06 weeks from today and thereafter, the SECL shall take decision in the matter within a further period of 06 weeks. Sd/- Judge (Prashant Kumar Mishra) Shyna