Md. Vazeer, v. The Union Of India,
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HIGH COURT FOR 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 ABHINAND KUMAR SHAVILI WRIT PETITION NO: 11617 OF 2020 Between:
Md. Vazeer, S/o. Late Hussain, aged about 00 years, Occ. Ex. Trammer, (Underground, EC.No.2587236. l\,4ine. KK-1 lncline, l\,4andamarri Area, Singareni Collieries Company Limited (SCCL), R/o. l\.4andamarri, Adilabad District. PETITIONERS AND
1. The Union of lndia, l\,4inistry of Labour, Rep. by its Principal Secretary, Rajpath Area, Central Secretariat, New Delhi, Delhi-1 10001 .
2. The Joint Bipartite Committee for the Coal lndustry, Koikatta, Rep.by its Prl.Secretary, Under National Coal Wages Agreement, Coal Bhavan, New Town, Ralarhat, Kolkata, West Bengal-700'156.
3. The Coal Mines Provident Fund Organization,, Rep. by its Commissioner, Police Line, Dhanbad, Jharkhand-826001 .
4. The lvledical Council of lndia,, Rep.by its President, Dada Dev [,4andir Road Dwarka Phase -1, Pocket 14, Sector 8 Dwarka, New Delhi-110077.
5. The Singareni Collieries Company Limited,, Rep. by its Chairman and [,4anaging Director, Singareni Bhavan, Red Hills, Hyderabad.
6. The Director (PA AND W), The Singareni Collieries, Company Limited (SCCL), Kothagudem, Khammam.
7. The General l\,4ana Company Limited ( Singareni Bhavan, ger (Personnel),, Welfare AND CSR, The Singareni Collieries SCCL) Welfare Wing, Corporate Personnel Department, Hyderabad.
B. The General Manager, l\,4andamarri Area, The Singareni Collieries Company Limited (SCCL N,4andamarri, Karimnagar District. L The N,4edical Board,, The Singareni Company Limited (SCCL), Kothagudemcollieries Kharmmam District, Rep. by the Chief Medical Officer ...RESPONDENTS Petition Under Arlicle 226 of the Constitutlon 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 Mandamus, declaring that the Minutes of the Medical Board, issued by the r Respondent-Corporate Medical Board of the sth Respondent-Com pany, 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 Agreement-Vl, as illegal, arbitrary, contrary to the earlier certificate under Form-REF-4 issued under the Coal Mines Provident Fund Scheme, 1963, contrary to the policy under the l\,4ines Act, 1952 and its Rules, 1955, violative of the National Coal Wages Agreement, violative of principles of naturaljustice and violalive of Articles 14, 16 and 21 of the Constitution of lndia and u nco nstitutiona l, and set aside the same, by holding that the petitioner is medically invalidated under Clause (i) of NCWA-VI of 9.4.
per clause (i) of 9.a.0 and further to pay all the statutory benefits under the l\4ines Act, 1 952 and its Rules, 1955 with all consequential benefits, and to pass. lA NO: 1 OF 2021 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 amend and substitute cause title in respect of the 2nd respondent as "The Joint Bipartite Committee for the Coal lndustry, Kolkatta, Rep. by its [,4ember Secretary, Under National Coal Wages Agreement, # Coal Bhavan, New Town, Rajarhat, Kolkata, West Bengal-7o0156, 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, Rajarhat, Kolkata, West Bengal-700156", and pass 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 Court may be pleased to direct the Respondents 5 to 8, to include the name of the petitioner's son in the live rolls of the 5th Respondent-Com pany for providing employment to the petilioner's sorr, pending disposal of the above Writ Petition.
lA NO: 2 OF 2020 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 Respondents 5 to 8, to pay all the statutory benefits like gratuity and other terminal benefits, inclusive of Coal [,4ines Provident Fund to the petitioner under the Mines ACT, 1952, pending disposal of the above writ petition. lA NO: 3 OF 2020 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 5th Respondent-Co mpany to send all the l\iledical Certificates of the 9th Respondent - l\,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 wrlt petition. I Counsel for the Petitioners : SRI.CH.VENKAT RAlvlAN Counsel for the Respondent Nos.1 to 3 : SRI K.ARAVIND KUMAR Counsel for the Respondent No.4 : Ms.G.PUJITHA Counsel for the Respondent Nos.s to 9 : ADDL. AOVOCATE GENERAL i SRI J.
HON'ULE SRr JtTSTICE ABI{INAND I(UMAR SHAVILI Vr.P.No.ll 677 of 2020 qB-DE-& Whur the matter is taken up for hearing, leamed counsel on cithcr side fairlv conccded that the issue involved in this writ petition is squarely covered by the ordcr dated 07.12.2021 passed by this Court in W.P.No.5455 of 2020.
Iro orving thc ordcr d,atccl 07 .72.2021 i n W.P.No.5455 of 2020, and tbr reasons alit<e, this Writ Pctition is also disposed of. No C OS tS.
Pending misccll:rneous pctirions, if any, shall stancl closed. SD/.K. ONESIM ASSISANT REGISTRAR ,TRUE COPY// ci SECTIbN OFFICER To
1. The Principal Secretary, Union of lndia, Ministry of Labour, Rajpath Area, Central Secretariat, New Delhi, Delhi-1 10001.
2. The Principal Secretary, Joint Bipartite Committee for the Coal lndustry, Koikatta, Under Natlonal Coal Wages Agreement, Coal Bhavan, New Town' Rajarhat, Kolkata, West Bengal-7001 56.
3. The Commissioner, Coal lvlines Provident Fund Organization, Police Line, Dhanbad, J'rarkhand-826001.
4. The President, Medical Council of lndia, Dada Dev [,4andir Road Dwarka Phase - 1, Pocket 14, Sector 8 Dwarka, New Delhi-110077.
5. The Chairman and [,4anaging Director, Singareni Collieries Company Limited, Singareni Bhavan, Red Hills, Hyderabad.
6. ThtDirector (PA AND W), The Singareni Collieries, Company Limited (SCCL), Kothagudem, Khammam.
7. The G-eneral [,4anager (Personnel),, Welfare AND CSR, The Singareni Collieries Company Limited (SCCL) Welfare Wing, Corporate Personnel Department, S ingareni Bhavan, Hyderabad.
8. The-General lvlanager,, lVandamarri Area, The Singareni Collieries Company Limited (SCCL Mandamarri, Karimnagar District.
9. The Chiaf Medical Officer, lvledical Board, The Singareni Company Limited (SCCL), Kothagudem Collieries Kharmmam District.
10. one cc to SRi. cH VENKAT RAIVAN, Advocate [oPUC]
11. One CC to SRl. K ARAVIND KUIVAR, Advocate [OPUC]
12. One CC to N4s.G.PUJ|THA, Advocate (OPUC)
13. One CC to SRI J.SREENIVASA RAO, Advocate (OPUC) 1 4. Two CD Copies 1 5. One spare copy SA NPJ
HIGH COURT DATED:31/1212021 t 1r{€ :j i4 o^ 1i , . t o lJ c()
ORDER
a WP.No.11617 of 2020 '-rr-o Io OISPOSING OF THE W.P w l-F WITHOUT COSTS.