M. Mohan Rao [Ec.No.0814360] v. The Singareni Collieries Company Limited
HON'BLE SRI JUSTICE R. KANTHA RAO Writ Petition No.2110 of 2012 & batch [WP Nos.2110 of 2012, 5325, 9082, 28858 and 37751 of 2013] COMMON ORDER:
Learned counsel appearing for the petitioners in all the cases as well as the learned standing counsel for the respondents-Singareni Colleries Company submit that the issue involved in the present cases is squarely covered by the judgment rendered by the single Judge of this court in WP No.33343 of 2012 & batch.
2. In the above said batch cases, the learned single Judge held as follows:
"......All I need to add is that the petitioners whoever is on the rolls of the first respondent-company as of today, i.e. 31.03.2015 and who has been proposed to be retired either in the past or in the nearest future shall be subjected to medical examination on specified dates. Each of the petitioners will be given the intimation of the date of their examination and the time of their examination. A minimum of seven days prior notice in writing will be delivered in that regard. Every petitioner must endeavor fully to be present before the Medical Officer concerned on that day and to the extent necessary, they must cooperate and allow the Medical Officer to reexamine them thoroughly. A copy of the findings of the Medical Officer shall also be placed before the Apex Medical Board for its consideration.
If, for any reason, any of the petitioners either owing to illness or any other compelling factor/reason, could not appear before the Medical Officer concerned, on the date and time specified, liberty is granted to such an employee to appear before the personnel/administrative officer concerned and secure an alternative date for examination, on which date, he shall be present before the Medical Officer. Inspite of providing such an opportunity, if any of the petitioners fail to avail the same, an adverse inference is liable to be drawn against them that he is averse to have his age properly determined and on that basis, the Apex Medical Board can proceed further.
produce such reliable and clinching material in original (originals of certificates available with them) and in case the petitioners prefer to rely upon any particular register, maintained by the respondent company itself, intimation of which shall be delivered by the respective petitioners to make available the original thereof for perusal and consideration of the Apex Medical board. The notice/intimation shall be delivered by the respective petitioners of clear three days duration prior to the Apex Medical Board meeting. Let the whole exercise be completed and the appropriate decision of the Apex Board be communicated to the respective petitioners providing them a minimum of 7 days time, in case the Apex Medical Board opinion is adverse to their interests.
Till this exercise is completed, and all the petitioners are subjected to this process they shall be continued in service if they are in service as on today i.e. 31.03.2015 and they be paid their monthly wages for this duration as well. It shall however be open to the respondents to get every certificate produced by the petitioners verified on their own. It is clarified that composition of the Apex Medical Board will be as per the settlement arrived at between the company and the recognized employees union, if one such settlement is available."
3. For the reasons mentioned in the aforesaid common order dated 31.03.2015 in WP No.33343 of 2012 & batch, all these writ petitions are also disposed of in terms thereof. In WP No.9082 of 2013, WP MP No.11572 of 2014 filed by the petitioner is ordered and in addition to the above, the respondents are directed to pay the wages to the petitioner for the period of service rendered by him pursuant to the orders passed by this Court. Miscellaneous applications pending in all these writ petitions shall also stand closed. No order as to costs. __________________ R. KANTHA RAO, J Date: 24.06.2015 BSS HON'BLE SRI JUSTICE R. KANTHA RAO
Writ Petition No.2110 of 2012 & batch [WP Nos.2110 of 2012, 5325, 9082, 28858 and 37751 of 2013] Date: 09.06.2015 BSS