Smt Ahmed Bee v. The Chairman And Managing Direcrtor

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30416 OF 2018 DATED :20.09.2018 Between :

Smt Ahmed Bee W/o.Madar Saab, Aged 59 yrs, EC No.1475070, Occu : Sweeping Mazdoor, Area Hospital, RG Area, R/o.Godavari Khani, Karimnagar District.

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Petitioner And The Chairman and Managing Director, Singareni Collieries Company Limited, Singareni Collieries, Red Hills, Hyderabad & others. .. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30416 OF 2018 ORDER :

This writ petition is filed praying to grant the following relief :

".... declaring that the acts, deeds and things of the Respondents in not referring the petitioner to the 4th Respondent for Medical Examination is illegal, arbitrary and violative of rights guaranteed by the Constitution of India against to the Mines Act, 1952 and its Rules 1955 and National Coal Wages Agreement (NCWA) and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and pass such other order or orders may deed fit and proper in the circumstances of the case."

2.

Learned Standing counsel, based on the written instructions furnished to him would submit that petitioner was subjected to medical examination on 15.09.2017 and as it was diagnosed that she was suffering with Cervical Spondylosis with ureteric Calculi with Mild Hydronephrosis Lt.Side, she was referred to main hospital and was examined in the main hospital on 05.05.2018. On examination she was found fit for duty and the same was informed to the petitioner vide letter dated 07.06.2018. If that being so, the prayer sought by the petitioner cannot be granted. If petitioner has any grievance against declaring her as medically fit, she has to work out her remedies as available in law.

3.

Having regard to the above observations, the Writ Petition is dismissed giving liberty to the petitioner to work out her remedies as available in law. Pending miscellaneous petitions shall stand closed.

__________________ P.NAVEEN RAO,J 20th September, 2018 Rds