JUDGMENT :

1. Heard, Mr. Saurabh Shekhar, learned counsel appearing for the petitioner and Mr. Hardeo Pd. Singh, learned counsel for the respondent-CCL.

2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. Petitioner has filed this writ petition for direction upon the respondents to release 50% wages in favour of the petitioner’s father w.e.f. 15.12.2017 in view of the fact that the father of the petitioner has been under complete disability in view of para 6.5.2 of National Coal Wage Agreement. Further prayer has been made for appointment of the petitioner on compassionate ground in view of provision of 9.4.0 NCWA.

4. The petitioner has preferred this writ petition on behalf of his father namely, Nakul Ram for the reason that he is disabled and cannot walk. The father of the petitioner was employed with the respondents-CCL, Argada Colliery in the year 1990. His date of birth is 16.07.1960. His CMPF Number registered with the respondent authorities is 48-2425. The father of the petitioner was appointed on the post of Pump Operator and thereafter he was serving for the respondent authorities without any complain from any corner. The petitioner is intermediate pass and his date of birth is 07.12.1988 and an application for appointment on compassionate ground was made under the provision of NCWA 9.4.0. The father of the petitioner while in service has suffered some problem in leg and in course of treatment the right leg of the petitioner was cut in view of the fact that there was no blood circulation in down the knee. Medical prescription has been brought on record by way of Annexure-1 to the writ petition. The father of the petitioner submitted an application before the respondent-authorities who replied that a Medical Board would be constituted on 08.03.2017 and thereafter decision would be taken whether he is to be treated in Central Hospital Gandhinagar, Naya Sarai or he has to be referred to better hospital. On 04.03.2017, the petitioner immediately made an application before the respondent-authorities informing that he has to move for CMC Vellore under the emergent medical circumstances. The petitioner went to Vellore, however in the meantime, on 09.03.2017, the matter of the father of the petitioner was referred to Ruby Central Hospital Ltd, West Bengal. The father of the petitioner got admission in CMC Vellore and medical certificate has been brought on record by way of Annexure-3 to the writ petition. However, the father of the petitioner was again examined by Ruby Central Hospital Ltd., West Bengal and medical certificate has been annexed as Annexure-5 to the writ petition. The father of the petitioner was also referred to the Medanta, Gurgaon where he underwent surgery and as a result of surgery, his right leg was cut and heart was also examined, in this regard medical report has been brought on record by way of Annexure-6 to the writ petition. The application for payment of 50% wages has been filed by way of Annexure-7 to the writ petition. No medical board was instituted, in the meantime, the father of the petitioner retired on 31.07.2020. Aggrieved with this, the petitioner has moved before this Court by way of filing this writ petition.

5. Mr. Saurabh Shekhar, learned counsel appearing on behalf of the petitioner submits that in terms of NCWA, the case of the petitioner was required to be considered by constituting a Medical Board but this has not been done in the case of the petitioner. He submits that the father of the petitioner was injured in the month March, 2017 and on 09.05.2017, he made application for payment of 50% wage and appointment on compassionate ground to the petitioner but nothing has been done by the respondent-CCL. He submits that NCWA is the statutory