Gulla Komaraiah v. The Singereni Collieries Company Limited,
THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.11531 OF 2016 Dated:24.01.2017 Between:
Gulla Komaraiah, S/o. G. Ramulu, Hindu, aged about 58 years, Occ:
Working as General Mazdooe, No.21, Incline Yellandu Area, SCCL, Resident of Indiranagar, Yellandu, Khammam District .. Petitioner And The Singareni Collieries Company Limited, Rep., by its Chairman and Managing Director, Singareni Bhavan, Corporate Office, Post Box No.18, Khairatabad Post Office, Hyderabad and others .. Respondents The Court made the following:
THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.11531 OF 2016 ORDER:
When the matter is taken up for consideration, learned counsel for the petitioner as well as learned Standing Counsel for the Singareni Collieries Company Limited represented that the subject matter of the Writ Petition is squarely covered by the decision of this Court in W.P.No.32424 of 2016, dated 23.09.2016. The relevant portion of the said order reads as under: "In the circumstances, without going into the legalities of the circulars and the rules made under the Mines Act, all the writ petitions are disposed of with the following directions:
(1) The company shall issue notices to all the petitioners who have not retired as on today and in respect of whom medical certificates were issued earlier and the petitioners in the above batch of cases have to undergo re-examination of their medical condition as on the date of examination by the committee appointed by the court.
(2) The petitioners who receive such notices from the company shall invariably appear before the medical board at the time specified and undergo medical examination without any demur and their failure, if any, would be construed as their disinclination and the medical certificates issued earlier by the medical board constituted by the company shall remain valid.
(3) If the medical board constituted by this Court on re-examination holds any persons found to be unfit, the declaration shall relate to the date of the medical certificates issued by the medical board constituted by the company earlier and the age of the persons who have been declared fit or unfit shall be reckoned from the date of medical certificates issued by the board of the company and
their rights and liabilities shall be regulated accordingly.
(4) This Court accordingly requests the District Medical and Health Officer, Khammam to depute the Government Medical Practitioner to head the Committee of Doctors for examination of the petitioners as aforesaid. The DMHO, Khammam shall inform the name of the doctor to the company within 15 days from the date of receipt of this order. The company shall constitute the committee of doctors with the doctor recommended by the DMHO, Khammam as the head of the committee and consisting of the Company Doctors viz., Dr. B. Sashidhar Reddy of Ramagundam and Dr.B. Madhu Kumar of Bellampally. It is needless to observe that the said Committee of Doctors would discharge their duty in an objective manner without being influenced by any external influences as allegations are levelled by both sides across the bar that the litigation is initiated and continued for oblique purposes.
However, as one time measure, the above entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. No costs." 2.
Following the said judgment and for the reasons given therein, this Writ Petition stands disposed of in terms thereof. There shall be no order as to costs.
Miscellaneous petitions, if any, filed in this Writ Petition shall stand closed.
____________________ P. NAVEEN RAO, J Date:24.01.2017 Note:- Furnish C.C. in one week.
(B/o) KH