S.B. Sinha & Narayan Roy, JJ.

The petitioners in this writ application have prayed for issuance of a writ of or in the nature of mandamus directing the respondents to consider the case of petitioner no. 2 for an appointment on the ground that petitioner no. 1 has opted for voluntary retirement in terms of para 9.4.3 of National Coal Wage Agreement-IV.

2. The petitioner no. 1 is working in Soundih Colliery as a Hook Man. Petitioner no. 2 is his son. According to the petitioner in terms of Clause 9.4.3 of the National Coal Wage Agreement-IV itself it has been stipulated that the workman who became permanently disabled, one of his dependents would be entitled to be considered for appointment in the establishment. Admittedly, the date of retirement of the employees is 60 years. The petitioner no. 1 allegedly exercised his option under clause 9.4.3 of the National Coal Wage Agreement seeking voluntary retirement so that his son (petitioner no. 2) may be provided with an employment. According to him he appeared before the Medical Board and on 1.11.1990 by an office order no. 5255 he has informed that the Medical Board did not find him unfit in terms of clause no. 9.4.3. The petitio