Jogula Beeraiah v. The Chairman And Managing Director

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.Nos.5430, 5443, 5432 & 4726 OF 2019 COMMON ORDER Since the issue raised in all these writ petitions is one and the same, they are heard together and being disposed of by way of a common order.

The petitioners in all these writ petitions are challenging the Memorandum No.CRP/PER/IR/C/081/1102, dated 17.05.2013, and its subsequent Circular vide Ref.No.CRP/PER/IR/C/081/139, dated 21.01.2019, issued by the respondents restricting the Statutory benefits accrued in favour of the petitioners under the Mines Act, 1952 and its Rules 1955, as arbitrary and illegal, and consequently sought a direction to declare that the petitioners are entitled for all the Statutory benefits under the Mines Act and the Rules made thereunder.

The petitioners in all these writ petitions are employees of the Singareni Collieries Company Limited. Keeping in view their working conditions, certain benefits were provided to the employees of the respondent-Company under the provisions of the Mines Act, 1952 and the Rules made thereunder by way of issuing various Circulars from time to time. The grievance of the petitioners in these writ petitions is that instead of following the Circular dated 09.03.2018 and its

subsequent Circular dated 21.01.2019 issued by the respondents in respect of declaring the petitioners medically unfit for discharging their duties and considering the cases of the dependants of the petitioners for appointment on compassionate grounds, the respondents are insisting the petitioners to give an undertaking to the effect that on their medical invalidation, they will not claim any employment to their dependants, which is contrary to the above said Circulars dated 09.03.2018 and 21.01.2019 issued by the respondents. Learned Standing Counsel appearing for the respondents submits that the cases of the petitioners would be considered strictly in terms of the Circulars dated 09.03.2018 and 21.01.2019 issued by the respondents and no undertaking would be insisted while considering the cases of the petitioners for referring them to the Medical Board as to whether the petitioners are medically fit or unfit for continuing in the employment.

Having considered the rival submissions made by the learned counsel on either side, all the writ petitions are disposed of directing the respondents to strictly follow the Circulars dated 09.03.2018 and 21.01.2019, without insisting for any undertaking from the petitioners while considering their cases for referring them to the Medical Board with regard to

their medical fitness for continuing in the employment. No costs.

Miscellaneous petitions pending, if any, shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI 15th March, 2019 rkk