SARJU PRASAD SINGH Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner has approached this Court with a prayer for quashing letter no. BCCL/PEH/08/119 dated 21/24.01.2008 (Annexure-9), whereby the petitioner has not been given the benefits under Clause 9.4.0 of the National Coal Wage Agreement (for short "NCWA") in case of employment to the son of the petitioner and further, prayed for salary for the period since 21.11.2005.

(3.) The petitioner was initially appointed on the post of Helper Trainee in Shaft Mines, Sudamdih on 19.06.1971. Thereafter, he was promoted to the post of EP Fitter and he was posted in Chandan Open Cast Project in Sudamdih Area. On 21.11.2005, the petitioner was admitted in Central Hospital for treatment of cerebella degeneration disease. Thereafter, he was discharged from the Hospital on 26.11.2005. The Medical Officer referred him to AIIMS, New Delhi for further treatment. It is the case of the petitioner that despite advice of the Doctor and request made by the petitioner, the Management did not accord permission for such treatment in AIIMS. The petitioner was again admitted in Central Hospital, Dhanbad on 08.06.2006. The Head of the Department of Medicine, Central Hospital, reported that the petitioner is suffering from cerebella degeneration and severe disease since last 6-7 months and as such, he was advised to be referred to AIIMS, New Delhi for further treatment. Ultimately, on advice of Head of the Department of Medicine, the matter was referred to Bangur Institute of Neurology, Kolkata. Again, the Management did not accord any permission for treatment.