JOSE JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a deaf and dumb person and therefore physically handicapped.The respondent No.1 is the State of Kerala.The respondent No.2 is Kerala Minerals and Metals Limited,a mining company owned by the Government of Kerala.The respondent No.3 is the Chief General Manager of the respondent No.2.The petitioner impugns the validity of the communication No.A6/PD/16 -18/93/662,dated 6th September 1993 issued by the respondent No.2 whereby the petitioner was informed that he could not be employed in their Mineral Separation Unit(M.S.Unit for short)because by reason of his handicap he does not fulfil the standards of medical fitness prescribed in Form P -1 under R.29F of the Mines Rules,1955 framed under the Mines Act,1952.

(2.) THE petitioner is physically fit except for his handicap of hearing and speech.The petitioner actually worked as a trainee fitter in the M .,S.Unit between 29th May 1986 to 30th June 1987.At one time the respondent No.2 was willing to consider the petitioner for appointment,as soon as the Government lifted the ban on recruitment of staff.But when the time to consider his appointment arose,the respondent No.2 sought clarification from the Director General of Mines Safety,Dhanbad,Bihar,by letter dated 19th March 1993 [Ext.R2(a)] annexed to the counter affidavit of the respondent No.2 dated 12th October 1993.The Director General of Mines Safety,Dhanbad,informed the respondent No.2 that in view of the rules the petitioner could not be appointed in the mine.

(3.) "Mine "has been defined to mean any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on.But -the definition of mine summarised in the last sentence is not exclusive.It is followed by the words "and includes."What is included in the definition of "mine "is set out in clauses(i)to(x ).What is included in the meaning of mine,in so far as is applicable to this case is in clause(x ): "any premises............ used for depositing sand or other material used in a mine;or for depositing refuse;or in which any operations in connection with suck sand,refuse or other material is being carried on being premises exclusively occupied by the owner of the mine." It is undisputed that the premises of the M.S.Unit are exclusively occupied by the respondent No.2.The premises of the M.S.Unit are used for depositing sand.Secondly the operations in connection with the sand are carried on on the premises of the M.S.Unit.These are the uses of the premises referred to in sub -clause(x)of clause(j)of S.2(1)of the Act.Therefore the premises of the M.S.Unit answer the requirements of sub -clause(x)of clause(j)of S.2(1)of the Act.