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2022 Supreme(Bom) 87

MANISH PITALE
Gunwanta Govinda, Ex-Employee of WCL – Appellant
Versus
Chief General Manager, Western Coalfields Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B. Lahiri, Advocate
For the Respondent:Mr. C.S. Samudra, Advocate

JUDGMENT :

Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the rival parties.

2. By this writ petition, the petitioner has challenged award dated 24/09/2019 passed by the Presiding Officer, Central Government Industrial Tribunal (CGIT)-cum-Labour Court, Nagpur, whereby a Reference has been answered in the negative against the petitioner and it has been held that the petitioner is not entitled to any relief.

3. The facts leading up to the file of the present petition are that the petitioner was appointed in Time Rated Category on 16/02/1981 in Pipla Colliery of the respondent-Western Coalfields Limited (WCL) and upon promotions, on 25/11/2005, he was appointed in the post of Mechanical Fitter Category-IV. It was the case of the petitioner that during the course of the employment in the Colliery, he suffered from physical disability, as a consequence of which he was referred to the Apex Medical Board. Upon examining the petitioner, the Board opined that he had suffered from lowering of vision and that he was now fit only for surface job. Accordingly, the petitioner was deployed on surface job and by office order dated 28th/30th December, 2

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