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2014 Supreme(SC) 572

RANJAN GOGOI, M.Y.EQBAL
Nawal Kishore Sharma – Appellant
Versus
Union of India – Respondent


JUDGMENT :

M.Y. EQBAL, J.

1. Leave granted.

2. Aggrieved by the judgment and order dated 16.4.2013 passed by learned Single Judge of Patna High Court dismissing appellant's writ petition for want of territorial jurisdiction, this appeal by special leave has been preferred by the appellant, who in November, 1988 had joined the off-shore Department of the Shipping Corporation of India (in short, "the Corporation") and after about eight years he was transferred from the off- shore duty to a main fleet in the Foreign Going Department.

3. It is the case of the appellant that he was found medically fit in the medical test conducted by the Marine Medical Services in February, 2009 and thereafter, on 29.9.2009, an agreement known as the articles of agreement for employment of seafarers was executed for appellant's off- shore duty. On 18.6.2010, when the appellant reported sickness i.e. cough, abdominal pain, swelling in leg and difficulty in breathing, he was sent for medical treatment ashore at Adani, Mundra Port.

The Medical Officer ashore advised him for admission in the Hospital and accordingly he was signed off for further medical treatment. Thereafter, he was considered permanently unfit















































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