SUGIYA ORAON Vs. CENTRAL COALFIELD LTD. AND OTHERS

JUDGEMENT

(1.) In this writ application the petitioner has challenged the office order dated 1-7-2000 issued by respondent No. 3, the colliery Manager, Kedla Area of CCL. whereby the petitioner was declared fit to resume alternative job and further for a direction to the respondents to give the petitioner the benefits of (clause) 9-4-0 of the National Coal Wages Agreement (shortly NCWA) by giving employment to his son.

(2.) The petitioner was working on the post of Time Rated Employee and was posted at Kedla underground project, Hazaribagh area. In course of employment he met with an accident on 7-10-98 in the underground mine and sustained serious injury in his right leg. The petitioner was hospitalized in CCL hospital for more than a year and remained under the treatment of the Area hospital of CCL. The petitioner was continuously allowed medical leave as he was not in a position to perform his duty. The petitioner, therefore, applied for employment of his son on 1-1-2000 under para (clause ?) 9-4-0 of NCWA. It is alleged that in order to deprive the petitioner from the benefit of employment of his son, the respondents held a Medical Board just few days before his retirement and declared him fit to resume alternative job.

(3.) A counter affidavit has been filed on behalf of the respondents stating, inter alia, that the impugned office order dated 1.7.2000 has been issued in pursuance of the letter dated 28.6.2000 issued under the signature of Deputy P.M. (Medical) CCL, Ranchi whereby it was conveyed that a Medical Board was held on 24-6-2000 and the petitioner was declared fit to resume alternative job. It is further stated that since the petitioner has been declared medically fit by the Medical Board on 24-6-2000 and he has also retired from service with effect from 6-7-2000 on attaining the age of 60 years, the benefit on clause 9-4-0 of NCWA is not available to the petitioner.