S. ANANDA REDDY, J.

( 1 ) THIS writ petition is filed by two of the workers of the 1st Respondent Company praying for the issue of writ of mandamus declaring the action of the Respondent in terminating the services of the Petitioners on medical grounds, without providing the alternative employment, as per the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and full Participation) Act, 1995 (hereinafter referred to as the Act ), as illegal, unjust and for a consequential direction to the respondents to provide alternative job to the petitioners.

( 2 ) IT is stated that the first petitioner was appointed on December 1, 1991 as a Coal filler. While he was in service, on August 30, 1997, he met with an accident and later he was provided medical treatment in the Area hospital of the 1st Respondent Company. Later, the 1st Petitioner was referred to the medical Board as to his medical fitness to continue in the job. Basing on the findings of the Medical Board of the 1st Respondent company, the 1st Petitioner was terminated from service with effect from December 17, 1997, on the ground that he is medically unfit to continue in the job, which he was carrying on that date, through proceedings dated december 23, 1997. Similarly, the 2nd petitioner joined the 1st Respondent Company in the year 1995 and while he was in service, he met with an accident on February 13, 1999. The 2nd Petitioner was also treated in the Area hospital of the 1st Respondent Company and later he was also referred to the Medical Board as to his medical fitness to continue in the job. On the advise of the Medical Board, which certified that the 2nd Petitioner was also medically unfit to carry on the job, which he was carrying on the date of the accident, orders of termination were issued on July 23, 1999.

( 3 ) THE grievance of the Petitioners is that when once the petitioners are found to be medically unfit to continue in their jobs due to the accident that had occurred during the course of their employment, in terms of Section 47 of the Act, the 1st Respondent Company is obligated to provide alternative employment, which the petitioners could discharge. As there is no such attempt made by the 1st Respondent company, the petitioners have come up with the present writ petition, seeking writ of mandamus declaring the action of the respondents in terminating the services of the petitioners as illegal, without jurisdiction as well as contrary to the provisions of Section 47 of the Act.

( 4 ) THE above claim of the petitioners is contested by the Respondent Company by filing a counter. In the counter, it is stated that the petitioners are workmen within the definition of the Industrial Disputes Act and as such they have got an effective remedy under the provisions of the said Act. Hence, the present writ petition is not maintainable. In the counter it is also stated that the petitioners have not become disabled due to the accidents while in service and therefore, the provisions of Section 47 of the Act have no application. It is also stated that the petitioners were engaged in the underground mining for which medical fitness is absolutely necessary and as the petitioners were found medically unfit to carry on the underground job, their services were terminated. In the counter, it is also stated that the petitioners are having other benefits provided under various settlements that had taken place between the respondents and the employees Union and therefore, the petitioners are not entitled to any relief.

( 5 ) AT the time of hearing, the learned counsel for the petitioners contended that the respondents organisation is an establishment, as defined under Section 2 (k) of the Act and when once it is an establishment under the Act, the provisions of the Act are applicable and if so in terms of Section 47 of the Act, the 1st respondent Company cannot dispense with the services of the petitioners by termination orders on

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