S.B.Sinha, J.

1. Both these applications involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

2. In both the applications, petitioners have prayed for issuance of writ of or in the nature of mandamus directing Respondent Nos. 1 to 25 to declare the petitioners as permanent disabled persons in accordance with the opinion of the Medical Board and to enforce para 9.4.3 of the National Coal Wage Agreement No. IV.

3. In C.W.J.C. No. 1720 of 1993(R) there are nine petitioners whereas in C.W.J.C. No. 1719 of 1993(R) there are 47 petitioners. All the petitioners allegedly were examined by the Medical Board. The contention of the petitioners is that a Joint Bipartite Committee for the coal industry has been constituted and a tripartite settlement within the meaning of Sec. 2C of the Industrial Disputes Act was arrived at which is binding on the Employers.

4. Paragraph 9.4.3. of the said settlement reads as follows:

Employment to one dependent of a worker. who is permanently disabled in his place : (i) The disablement of the worker concerned should arise from injury or disease, be of a permanent nature result