Bathula Nagaraj v. The Union Of India
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HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original J urisdiction) FRIDAY ,THE THIRTY FIRST DAY OF DECEI/BER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO:4218 OF 2020 Between:
Bathula Nagaraj, S/o Narayana, aged about 60 years, OCC. Ex. E.P.Operator, Spl. Grade, EC No.1425334, Ramagundam Area-|, Mine. Medipalli OC, Singareni Collieries Company Limited (SCCL), R/o. Q.No.SC2-53, Sharadanagar, Godavarikhani, Ramagundam l\ilandal, Karimnagar District. ...PETITIONER AND The Union of lndia, Ministry of Coal, Rep. by its Principal Secretary, Rajpath Area, Central Secretariat, New Delhi, Delhi-110001. The Joint Bipartite Committee for the Coal lndustry, Kolkatta, Rep.by its Prl.Secretary, Under National Coal Wages Agreement, Coal Bhavan, New Town, Rajarhat. Kolkala. [,4esl Bengal-700'1 56.
The Coal l\,4ines Provident Fund Organization, Rep. by its Commissioner, Police Line, Dhanbad, Jharkhand-826001 .
The lvledical Council oI lndia, Rep.by its President, Dada Dev Mandir Road Dwarka Phase -1, Pocket 14, SectorS Dwarka, New Delhi110077. The Singareni Collieries Company Limited, Rep. by its Chairman and Managing Director, Singareni Bhavan, Red Hills, Hyderabad, The Director (PA & W), The Singareni Collieries Company Limited (SCCL), Kothagudem, Kammam District.
The General Manager (Personnel), Welfare and CSR, The Singareni Collierres Company Limited (SCCL), Welfare Wing, Corporate PersonnefDepartment, Singareni Bhavan, Hyderabad.
The General l\,4anager, Ramagundam-1 Area, The Singareni Collieries Company Limited (SCCL), Ramagundam, Karimnagar District. The Medical Board, The Singareni Collieries Company Limited (SCCL), Kothagudem, Kharmmam District, Rep. by the Chief Medical Officer. 8.
9.
RESPONDENTS Petition under Nlicle 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 directjon, more particularly one in the nature of Writ of Mandamus, declaring that the Minutes of the Medical Board dated 3.12.2015, issued by the gth Respondent-Med ical Board of the 5th Respondent-Company, communicated vide Proceedings in Ref. No. RG l/PER/JC/54l8087, dated 17.19.12.2019 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 policy under the lr,rlines Act, 1952 and its Rules, 1955, violative of the National Coal Wages Agreement, violative of principles of natural justice and violative ol Adicles 14, 10 and 21 of the Constitution of lndia and unconstitutional 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 Respondent-Company as per clause (i) of 9.4.
NO:1 F20 PetitionunderSection'15'lCPCprayingthatinthecircumstancesstatedinthe affidavit iited in support of the petition, the High Court may be pleased to direct the Resoondent 5 to 8, to include ihe name of the petitioners son in the live rolls of the ;il-h6;.;;.r-Company for providing employment to the petitioners son' pending disposal of the above Writ Petition.
lA NO: 2 oF 2020 Petition under Section 15'1 CPC praying that in the circumstances stated in the atfiOavit titeO in support of the petition, lhe High Court may be pleased to direct the n".ponO"nt.
S to 8, to pay all the statutory benefits like gratuity and other terminal U"n&ii", lnciusire oi Coal-Mines Provident Fund to the petitioner under the N'4ines Act, 1952, pending disposal of the above writ petition IANO: 3 OF 2020 PetltionunderSection,l5lCPCprayingthatintheCircumstancesstatedinthe amoavit titeo in support of the petition, th; Hlgh Court may be pleased to direct the sth Respondent-Company to send all the Medical Certificates of the gth Respondent - fti"Oit"r'e"rid in respect of the petitioner herein to the 2nd respondent for adluOicating whether the case of the petitioner falls under category (i) or (ii) of 9'4'0 ot ruCWn-Vt, pending disposal of the above writ petition' lA NO: 1O Petition under Section 151 CPC praying that in lhe circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the ;;iitL;;; t" amend and substitute cause title in respect of the 2nd respondent as ;in" loint Bipartite Committee for the Coal lndustry, Kolkatta, Rep by its l\'4ember S;;;"i;t, Under National Coal Wages Agreement, #.
coal Bhavan' New Town' nrlrnat. XotXata, West Bengal-7oot50, insieaO of the Jolnt Bipartite Commlttee for ih; C";i i.oritw, Kolkatta, -Rep. by its Prl secretarv, Under National Coal wages ng*r"";"ni, ,' do';l Bhavan'' New Town, Rajarhat, Kolkata' west Bengal-7oo't 56"' 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: Ms.POJITHA, SC for MCI Counsel for the Respondent Nos.s to 9: SRI J.
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HON'BLE SRIJUSTICE ABHINAND KUMAR SHAVILI P o ORDER:
When the matter is taken up for hearing, leatned counsel on either side faitly conceded that the issue involved in this writ petition is squarely coveted by the orcler dated 07.12.2021 passed by this Court in W.p.No.5455 of 2020.
Foliowing thc order dated 07.12.2021inW.p.No.5455 of 2020, and lor reasons alike, this Writ petition is also disposed of. No COStS.
Pcnding misccllaneous pctitions, ifany, shall stand closed //TRUE COPY// "'Ig3,"Yf,U+RES,SFRiI I W To, The principar secretary, union sEcrloN oFFlcER l I i:^",:l?rlut New Derhi: o",n-r;iJJ311' lvlinjstry of coal, Rajpath Area, cenrrar irflt}i[s.?8"3,",?:#.':#8"?]T8::la;'i;::fl !i;?"1tx[3 j!?tsi 3.
iffi ,i#,T;:i?f;:lf-8ilM?"' Provident Fund orsanization, porice Line, 4.
i['Jr{d,}ffi tu+"il:,,',{,',,i,*" FT"#,:ppiJ:";:;;1:,". : Iiih!ffi$ j[:f#)' rhetsjnsarenicorrieries companv Limited (sccL), /. rhe cenerat t\,,lanager (personnel)..W€lfare and CSR. The Sinqareni Collieries sflUi*Y L'#Hi'iccLIr4/erra16 wins co.po,it. pe,!5#!i5e'iirtment,
8. The General Manaoer. Ramagundam_j Area, The Singareni Collieries Company ^ Limled (sccl). nJmasunoa;. kii;;njjar p;;i;;y ","'" "", ",,'
9. The Medicat Board. Tn; Sinoareni_Colti;"';s C;;;;"y Limited (SCCL). \ I . ^ Kothag-udern, Kharmnam oisr,.,ct, Cep. ov t-nJ-Cif['i t!i;i;;i6];;; 10.one CC to SRt Ch.VENKAT RAver.t, Aaroclid iOpit-cl' 1 'l . one CC ro SRt K.ARVIND ruvAn, Aor"ilii'?iidUbi-, 12 Ore CC ro Ats POOJjIHA. SC ror M"o'ciiCoJn'iit;india IOpUCt 13 one cc to sRr J.sReeu'vrsa Rro, st ,";5i"'s";";itiriJ,L!i6pucl
14. Two C D. Coo es 15 One Spare Cbpy l\4 RC SB \'u
HIGH COURT DATED:31/1212021 l1E Si iAl'r- -\ o,:
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ORDER
WP.No.4218 of 2020 fi,i?iBrT8 3S#.
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