CHINTAMAN MAHTO Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) PETITIONER in this writ application has prayed for issuance of writ of mandamus directing the respondents to allow the petitioner to take voluntary retirement because of physical condition and also to appoint his son on suitable post according to his eligibility.

(2.) PETITIONER was in the service of respondent -B.C.C. Ltd. as Timber Mazdoor. He met with an accident in the first shift while he was on duty on 26.10.1996 and was admitted in the Central Hospital, Dhanbad. Petitioners case is that he continuously remained under treatment and was not fit to resume the work. On 29.4.2000, a Medical Board was constituted to assess the extent of injuries of the petitioner and the Medical Board after examination of the petitioner found that the percentage of permanent disability was to the extent of 60%. Again on 23.3.2001, a Medical Board was constituted to assess the injuries received by the petitioner and the Board opined that petitioner should take physiotheraphy and other treatment. Petitioner then filed representation on 7.7.2001 before the respondents praying that his son who is aged 26 years may be given employment at his place and his voluntary retirement may be accepted. It is stated that instead of accepting voluntary retirement, petitioner was allowed to superannuate after attaining the age of 60 years, i.e. on 15.10.2001.

(3.) ON the last date, the counsel appearing for the respondent B.C.C. Ltd. was directed to produce National Coal Wage Agreement in order to find out whether the case of the petitioner for voluntary retirement and employment of his son could be entertained. Clause 9.4.0 of the National Coal Wage Agreement lays down the provision with regard to employment to the dependent of the workman who is permanently disabled. The said clause reads as under : - -