Godugu Agaiah v. The Chairman And Managing Director

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.7232 of 2019 ORDER:

In this Writ Petition, petitioner is 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 in restricting the statutory benefits accrued in favour of the petitioner under the Mines Act, 1952 and its Rules, 1955, as arbitrary and illegal, and consequently sought a direction to declare that the petitioner is entitled for all the statutory benefits under the Mines Act and the Rules made thereunder.

The petitioner is an employee of the respondent Company - Singareni Collieries Company Limited, Kothagudem, Khammam District. Keeping in view the 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 petitioner is that instead of following the Circulars dated 09.03.2018 and 21.01.2019 issued by the respondents in respect of declaring the employees medically unfit for discharging duties and considering the cases of their

AKS, J WP.No.7232 of 2019 dependants for appointment on compassionate grounds, the respondents are insisting on the petitioner to give an undertaking to the effect that on his medical invalidation, he will not claim any employment to his dependants, which is contrary to the above said Circulars dated 09.03.2018 and 21.01.2019 issued by the respondents.

The learned Standing Counsel for the respondent Company submits that the case of the petitioner will 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 case of the petitioner for referring him to the Medical Board as to whether he is medically fit or unfit for continuing in the employment.

This Court having considered the rival submissions of the learned counsel for the respective parties, is of the considered view that this Writ Petition can be disposed of directing the respondents to strictly follow the Circulars dated 09.03.2018 and 21.01.2019 issued by the respondents without insisting for any undertaking from the petitioner while considering his case for referring him to the Medical Board with regard to his medical fitness for continuing in the employment.

AKS, J WP.No.7232 of 2019 Subject to the above, this Writ Petition is disposed of. As a sequel, miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

______________________________ ABHINAND KUMAR SHAVILI, J 4th APRIL, 2019.

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