KISHEN LALL Vs. LIEUTENANT GOVERNOR

JUDGEMENT

(1.) In the writ petition, the petitioner, who was engaged on board M.V. Swaraj Dweep as Engine Serang and had continued his service till 16th September, 2008, when he was signed off, has prayed for a direction upon the respondents to abide by the NBB Agreement (for short the "Agreement") for the period 2006-2008, particularly Clause 21 thereof and to release disability compensation after adjusting the amount paid under Clause 25 relating to the grant of severance compensation.

(2.) Mr. Mandal, learned advocate appearing for the Administration, relying on the affidavit in opposition submitted that as the petitioner was found by the Medical Board to be unfit to work in the engine room which means that he was permanently unfit for sea service and as there is no provision for allotting offshore duty to a Serang, the action of the respondents in declaring the petitioner to be medically unfit and granting severance compensation is just and proper.

(3.) In order to adjudicate the issue whether the petitioner is entitled to 100% Disability Compensation, it is necessary to refer to Clauses 21 and 25 of the Agreement.