SHRISTIDHAR PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) The grievance of the writ petitioner in this writ application is that the writ petitioner No. 1 was employed as Safety-cum-Production Assistant sometime in the year 1966 when the collieries were under private management. The concerned colliery under which the petitioner was employed is known as "Khandra Colliery" under Eastern Coalfields Limited. He was discharging his duties with all responsibilities as Safety-cum-Production Assistant. After nationalization of all the collieries by and under Collieries Nationalization Act, 1973, the service of the petitioner No. 1 was converted into a public employment under Eastern Coalfields Limited, which has become a public authority within the meaning of Article 12 of the Constitution of India. However, after nationalization the service of the petitioner No. 1 was confirmed in the said post. The service of the petitioner No. 1 was continuing. After nationalization of all the coalfields the Government of India took a policy that the employees who would be found medically unfit in course of their employment by the Management were required to be sent to the Medical Advisory Board for examination of their medical fitness. In case the concerned employee is found by the medical board fit to continue, the employee would be allowed to continue. In case it appears as per the decision of the medical board that an employee is unfit to continue in his service, as per the tripartite settlement and also the decision followed by the concerned Eastern Coalfields Limited the employee's dependant son or the dependant relation of the employee concerned would be eligible for consideration for an employment.

(2.) It was submitted on behalf of the petitioners that the medical board of the respondent authorities after proper examination of the petitioner No. 1 found him unfit and he was stopped from performing his duties on and from 18th March, 1994. Along with the writ petitioner there are two other employees who were also directed not to Join their duties on and from 18th March, 1994.

(3.) On the basis of the policy of the Eastern Coalfields Limited by and under their office order dated 16th March. 1994 the writ petitioner along with two others were instructed that their dependants should apply for employment as per company's rules. The office order was issued by the agent of the Khandra Colliery. The office order issued by the Eastern Coalfields Limited reads as follows:-