BHARAT COKING COAL LTD Vs. WORKMEN

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THE Management- petitioner has preferred this writ application seeking quashing of the award passed by the Presiding Officer, Central Government Industrial Tribunal No. 2, Dhanbad dated 31.10.2001 in Reference Case No. 2 of 1994(Annexure-7) whereby it has answered the reference against the petitioner- management holding that the dependant of the workman, Ramdhani Dhobi, Ex Mining Sirdarof Bhowra Colliery is entitled to employment under clause 9.4.3 of National Coal Wages Agreement-IV ( N.C.W.A.-IV).

(3.) LEARNED counsel for the management submitted that employer- management never gave any certificate that the respondent- workman had been disabled by reasons of disease of permanent nature resulting into loss of employment. However, it is submitted that the workman had claimed before the Tribunal that he was examined by the Doctor of the D.G.M.S ( Director General of Mines Safety, Dhanbad), who reported that he is suffering from Pneumoconiosis. It was contended by the workman, that he should have been referred to the Apex Medical Board for a declaration relating to his medical condition, whether he is fit or medically unfit to continue in employment. However, it is submitted that the workman never got examined by the Medical Board of the Company and no declaration or certificate to that effect was issued by the Medical Board of the Company that he is permanently disabled to continue in the employment. It is further submitted that the learned Tribunal further proceeded to go beyond the terms of reference and undertook exercise to hold that on account of the disease Pneumoconiosis, which the workman had alleged to have been suffering, it was incumbent upon the coal company � management to examine him by the Apex Board and declaring him medically unfit, which they failed to do so. It is further submitted that the learned Tribunal, therefore, failed to appreciate that the statutory Board entrusted with the task of declaration of Medical Fitness of the workman under the Coal Company had never made such declaration which could bring the workman in question within the scope of enabling provision of 9.4.3.N.C.W.A-IV for giving any employment to his dependant. On the contrary, the Tribunal itself proceeded to make the declaration like an expert that since the workman had been recommended by the Medical Officer of D.G.M.S that he is suffering from Pneumoconiosis and as per clause 8.7.4 N.C.W.A.-IV, the workman ought to be examined within a period of 7 days of such reporting by Medical Board and on failure to do so the management has chosen to avoid its responsibility, although the workman was declared unfit by the Medical Officer. It is submitted that the medical officer acted in the capacity of the Medical Board by holding that the workman was suffering from disease, which rendered him medically unfit by way of permanent nature resulting into loss of employment and, therefore, the management was not justified in refusing employment to his son.