AWADH KUMAR SINGH Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) The present appeal has been preferred against the order dated 30.7.2013 passed in W.P. (S) No.1139 of 2006, in and by which refusal of the claim of the appellant for grant of IOD wages "Injury On Duty" for the period from 14.5.2003 to 28.2.2005 was upheld by the learned Single Judge.

(2.) The appellant was appointed on 2.11.1978 as Motor Mechanic and subsequently promoted to the post of Dumper Operator and he met with an accident on 6.3.2003. He was admitted to Regional Hospital, N.K.Area, Dakra, for treatement and thereafter he was referred to Gandhi Nagar Hospital, Ranchi, on 10.3.2003 and was treated from 10.3.2003 to 11.5.2003. After treatment, the Doctors advised the appellant to join duty on 12.5.2003 but not as a Dumper Operator. According to the appellant, on 14.5.2003 he joined duty in Rohini Project, N.K.Area, Dakra, but he was posted as Dumper Operator, to which he objected and he could not continue the work and he was referred to the hospital on 7/9.6.2003. On 13.1.2005, the appellant appeared before the Medical Board and by the opinion dated 15.1.2005, the Medical Board gave finding that the appellant be assigned alternative duty for three months and also that the appellant be referred to CMC Hospital, Vellore, for neurosurgical opinion and on his return, the Medical Board will review the fitness of the appellant.The Area Medical Officer, Regional Hospital, Dakra, examined the case of the appellant and on 13.6.2003 the Doctors reported that the appellant is unable to do duty as Dumper Operator and accordingly referred the appellant to Gandhi Nagar Hospital, Ranchi and the appellant was continuously under the treatment of the Doctors. Subsequently, on 13.1.2005, the appellant appeared before the Medical Board. By its opinion dated 15.1.2005, the Medical Board gave findings that the appellant should be given alternative duties for three months and also referred to CMC Hospital, Vellore, for neurological opinion and on return from CMC Vellore, be examined further for assessing fitness.

(3.) The case of the appellant is that he was not paid IOD wages from 14.5.2003 to 28.2.2005 and the appellant made representation on 24.6.2005 for payment of IOD wages for the period during which the appellant was under treatment in Gandhi Nagar Hospital. By the letter dated 20.8.2005, the appellant was informed that he is not entitled to IOD wages as per rules because he has already been paid IOD wages for sixty days with effect from 10.3.2003 to 11.5.2003 and that he was declared duly fit by the Doctor and he has also resumed duty with effect from 14.5.2003 and performed duty upto31.5.2003. Being aggrieved by the refusal of payment of IOD wages for the said period, the appellant filed writ petition.