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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. MADHAVI DEVI, J.
Madurakavi Kistaiah - Petitioner
Versus
The Singareni Collieries Company Limited - Respondent
Writ Petition Nos. 18922, 18925, 19174, 19222, 19229, 19354, 19361, 19411, 19417, 19420, 19422, 19428, 19524, 19563, 19619, 19627, 19638, 19639, 19642, 19645, 19650, 19652, 19654, 19655, 19658, 19660, 19718, 19740, 19755, 19768, 19780, 19783, 19798, 19818, 19831, 19853, 19863, 19875, 19882, 19886, 19897, 19899, 19900, 19902, 19911, 19917, 19919, 20003, 20026, 20036, 20047, 20054, 20189, 20197, 20206, 20209, 20221, 20228, 20229, 20235, 20237, 20256, 20257, 20273, 20275, 20278, 20285, 20307, 20316, 20341, 20400, 20405, 20428, 20431, 20441, 20443, 20471, 20511, 20513, 20515, 20554, 20626, 20633, 20634, 20652, 20673, 20680, 20687, 20692, 20694, 20777, 20787, 20842, 20866, 21297, 30418, 30506, 30622, 30702, 30765, 30783, 30912 & 31136 of 2023
Decided On : 30-08-2024
(A) National Coal Wage Agreement – Clause 9.4.0 – Employment for dependents of medically unfit employees – Petitioners challenged categorization under Clause (ii) of general physical debility instead of Clause (i) of permanent disability – Court directed re-evaluation of medical reports to ensure proper categorization based on the nature of disability – The interpretation of 'general physical debility' and 'disability' clarified. (Paras 8, 9, 10)
(B) Employment Rights – Dependents of employees declared medically unfit are entitled to employment under specific conditions outlined in the National Coal Wage Agreement. (Paras 8, 9)
Facts of the case: Petitioners, employees of the respondent company, challenged their categorization under Clause (ii) of the National Coal Wage Agreement-VI, claiming they should be categorized under Clause (i) due to permanent disabilities. They sought employment for their dependents as per the Agreement.
Findings of Court: The Court found that the categorization under Clause (ii) was not sustainable for cases of permanent disability and directed a re-evaluation of medical reports.
Issues: The main issue was the proper categorization of petitioners under Clause (i) or Clause (ii) of the National Coal Wage Agreement-VI based on their medical conditions.
Ratio Decidendi: The Court ruled that clear instances of permanent disability should not be categorized under general physical debility and directed the Medical Board to reassess the cases accordingly.
Result: Writ Petitions disposed of with directions for re-evaluation.
ORDER :
T. Madhavi Devi, J.
In all these Writ Petitions, the petitioners are seeking a Writ of Mandamus declaring that the letter in reference No.RG3/PER/IR/54/CC-450/1385 dt.23.05.2023, the letter in reference No.SRP/PER/11.003/2757 dt.29.05.2023, letter in reference No.RG3/PER/IR/54/CC.469/1391 dt.23.05.2023, letter in reference No.SRP/PER/11.003/2750 dt.29.05.2023, letter in reference No.MMR/PER/L/062/23/9827 dt.23.05.2023, letter in reference No.RG2/PER/CF/09/1306 dt.25.05.2023, letter in reference No.SPR/PER/11.003/2758 dt.29.05.2023, letter in Ref.No.MMR/R/S/161/16/6189 dt.29.10.2016, letter in Ref.No.SRP/PER/2-002/2020/4874 dt.18/20.08.2020, letter in Ref.No.RGP/PER/C/54/2013 dt.19/20.03.2019, letter in Ref.No.CRP/PER/IR/C/081/1787 dt.19.11.2016, letter in Ref.No.RG.I/PER/21/2433 dt.02/05.04.2019, letter in Ref.No.RG3/PER/IR/54/CC-400/4247 dt.19.12.2019, letter in Ref.No.RG.I/Gdk.1/W-016/16/3546 dt.26.11.2016 and letter in Ref.No.BHP/PER/20/1722 dt.04/10.04.2019, all issued by the 4th respondent along with the annexure thereto certifying that the petitioners are categorized under Clause (ii) of Para 9.4.0 of NCWA-VI and the consequential proceedings dt.03.07.2023 issued by the 5th respondent without properly examining the case of the petitioners with regard to their disability with an independent mind, as illegal, arbitrary and contrary to the earlier certificate issued under the Coal Mines Provident Fund Scheme, 1963 and contrary to the policy under the Mines Act, 1952 and its Rules, 1955 and consequently to hold that the petitioners are medically invalidated under Clause (i) of Para 9.4.0 of NCWA-VI of the 1st respondent company and to provide employment to the petitioners’ children as per Clause (i) of Para 9.4.0 and to pay all the statutory benefits under the Mines Act, 1952 and its Rules of 1955 with all consequential benefits and to pass such other order or orders.
2. Brief facts leading to the filing of all these Writ Petitions are that the petitioners are all working with the respondent company in various capacities. The respondent company is a signatory to National Coal Wage Agreement (NCWA) and the National Coal Wage Agreement-VI (NCWA-VI) has come into effect from 01.07.1996. It provided for dependent employment to one of the dependents of an employee who has been declared as medically unfit as per Clause (i) of Para 9.4.0 and also in respect of those who were declared as medically unfit under Para 9.4.0 Clause (ii) but have not completed 58 years of age. The petitioners claim to have been suffering from various health problems and have made applications for examination by the Corporate Medical Board. They were examined by the Corporate Medical Board and all of them are categorized under Clause (ii) of Para 9.4.0 of the Agreement. Around 158 employees have filed Writ Petitions before this Court challenging such categorization and vide common order dt.30.07.2019 in W.P.No.44170 of 2016 and batch, this Court had directed the respondents to once again forward all the medical invalidation certificates to the competent Medical Board so as to decide as to whether the petitioners/employees fall within Clause (i) or (ii) of Para 9.4.0 of NCWA-VI and after re-assessing/re-categorizing the employees, directed the respondents to act in terms of the National Coal Wage Agreement-VI and to pass appropriate orders in accordance with law. Out of 158 petitioners covered in the above common order, the Corporate Medical Board (CMB) has re-assessed/re-categorized the earlier CMB proceedings in respect of 153 petitioners/ employees duly certifying that their cases have been categorized under Clause (ii) of Para 9.4.0 of NCWA-VI and the proceedings of CMB were served on the concerned petitioners/employees through respective area GMs. Not being satisfied with the said report, around 127 petitioners have filed Writ Petitions challenging the minutes of the Medical Board and a common counter was filed by the respondents in W.P.No.5455 of
The categorization of employees under the National Coal Wage Agreement must accurately reflect their medical conditions, distinguishing between permanent disabilities and general physical debility.
Point of Law : Petitioner is not entitled for grant of first limb of relief sought for by Petitioner unless Petitioner questions NCWA Agreements (National Cold Wage Agreements) in view of fact that N....
The central legal point established in the judgment is the applicability of Section 47 of the Act of 1995 to protect the pay scale and rank of employees who acquire disability during their service.
The judgment establishes the importance of considering authenticated documents, extending the benefit of doubt in compassionate appointment cases, and ensuring adherence to the provisions of NCWA 9.3....
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