HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
WRIT PETITION No.18836 of 2019
ORDER :
Petitioners are aggrieved of the order dated 04.07.2019 passed by respondent No.4, calling upon them to avail the benefit of lumpsum payment of Rs.5,00,000/- or salary for the period from 06.07.2018 to the date of retirement of 2nd petitioner, whichever is less, subject to giving an undertaking that they will not claim dependant employment to the 1st petitioner. A consequential direction is sought to forthwith provide suitable dependant employment to the 1st petitioner duly declaring that his case falls under Sub-clause (i) of Clause 9.4.0 of National Coal Wage Agreement-VI.
2. Heard Ms. K.Annapurna Reddy, learned counsel for petitioners and Mr.P.Sriharsha Reddy, learned Standing Counsel for Singareni Collieries Company Ltd. Perused the record.
3. Case of the petitioners is that 2nd petitioner had joined the service of the 1st respondent-Company as a Coal Filler. While discharging his duties on 06.07.2018, a mine accident had occurred 2 JS, J W.P.No.18836 of 2019 and the 2nd petitioner fell on the ground with injuries which resulted in episodic altered behavior with amnesia of events and memory impairment. After the 2nd petitioner was treated in private hospitals, he was advised to apply to the Corporate Medical Board through proper channel. On being referred to the Medical Board, by letter dated 02.03.2019, the Deputy Chief Medical Officer, after examination of petitioner No.2, opined that he was fit for duty. Two months thereafter, the petitioner was advised to attend the office of Chief Medical Officer, Main Hospital, Kothagudem on 30.05.2019 and 31.05.2019 at 8.00 a.m. for medical examination, and upon medical examination, it was found that the 2nd petitioner was suffering from HTN, Ex-alcoholic, CVA-TIA with behavioural problems. It was further held that 2nd petitioner was not eligible for dependant employment in the Company, as he was above 58 years of age and was having less than 24 months of leftover service.
4. During the pendency of this writ petition, the learned counsel for petitioners has filed Memo dated 11.04.2023 along 3 JS, J W.P.No.18836 of 2019 with a death certificate to the effect that the 2nd petitioner has died on 05.03.2023.
5. Case of the 1st petitioner is that though he is entitled for dependant employment in terms of Clause 9.4.0 (i) of the National Coal Wage Agreement-VI, the respondents have denied such benefit treating his case under Clause 9.4.0 (ii) of the said agreement. Accordingly, he prayed for dependant employment as his deceased-father was declared unfit for employment due to the accident occurred while discharging his duties.
6. Respondents have filed counter affidavit stating that petitioner No.2 was appointed as Badli Filler in the 1st respondent- Company on 09.10.1981 and subsequently promoted as Coal Filler. While on duty, the 2nd petitioner had met with an accident on 06.07.2018 and due to electric shock, suffered injuries, HTN and episodes of altered behavior. On examining him, the Chief Medical Officer, Kothagudem found him fit for duty, however, advised to engage him on surface till superannuation, in view of his mental condition. Accordingly, the Deputy Chief Medical Officer, 4 JS, J W.P.No.18836 of 2019 Area Hospital, Ramakrishnapur has issued fit certificate to the 2nd petitioner on 18.04.2019 with an advice to the Superintendent of Mines, Kasipet Mine to engage him on surface till his superannuation. Later, the 2nd petitioner was advised to apply for Corporate Medical Board, and upon such application, the said Board, after examining the 2nd petitioner, declared him unfit for further services and also held that he was not eligible for dependant employment, as he was having less than 2 years of leftover service and he was advised to avail the benefit of lumpsum amount of Rs.5,00,000/- or salary for the leftover period of service, whichever is less and to submit an undertaking on or before 15.07.2019, to the effect that he shall not claim for dependant employment. The petitioner did not submit any such undertaking. It is stated that the leftover service of 2nd petitioner from the above due date was only two months. Since the 2nd petitioner did not submit the undertaking, he was treated as on roll of the 1st respondent- Company till 30.09.2019 i.e. his date of retirement on superannuation. Case of respondents is that after the accident, the 2nd petitioner was declared medically fit for duty on 18.04.2019, 5 JS, J W.P.No.18836 of 2019 and on his own request, when he was again examined on 31.05.2019, he was declared unfit for further service and the Corporate Medical Board has also held that 2nd petitioner was not eligible for dependant employment as his leftover service was only two months. It is stated that the decisions of the Corporate Medical Board are taken as per Clause 9.4.0 of the National Coal Wage Agreement-VI and that the Circular dated 17.05.2013 was issued in the interest of the employees who were declared medically unfit and who were not having leftover service of 2 years so as to provide some financial assistance to such families. Since the leftover service of 2nd petitioner after he was declared medically unfit was less than 2 years, he was offered financial assistance as per the Circular dated 17.05.2013.
7. The undisputed facts of the case are that the 2nd petitioner was an employee of the 1st respondent-Company and the 1st petitioner is his son. It is also the admitted case of the parties that the 2nd petitioner had suffered severe injuries including episodes of altered behavior due to electric shock while on duty on 06.07.2018. In this case, the crucial aspect to be considered is whether the case 6 JS, J W.P.No.18836 of 2019 of the petitioners falls under Clause 9.4.0 (i) of the National Coal Wage Agreement-VI as contended by the petitioners or whether it falls under 9.4.0 (ii) of the said agreement, as has been contended by the respondents. For better appreciation, the said clauses are extracted hereunder:
"9.4.0 Employment to one dependant 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 resulting into loss of employment and it should be so certified by the Coal Company concerned.
(ii) In case of disablement arising out of general physical debility so certified by the Coal Company, the employee concerned will be eligible for the benefit under this clause if he/she is upto the age of 58 years.
The term 'general physical debility' would mean deficiency of a workman due to any disease or other health reason leading to his/her disablement to perform his/her duties regularly and/or efficiently."
8. The petitioners contend that since the 2nd petitioner had suffered accident while on duty, his case falls under Clause (i) above, and hence, the 1st petitioner is eligible for dependant 7 JS, J W.P.No.18836 of 2019 employment. On the other hand, the contention of respondents is that when the 2nd petitioner was examined for the first time after the accident, he was declared medically fit for duty on 18.04.2019, but however, on his own request, when he was again examined on 31.05.2019, he was declared medically unfit for further service. It is their case that since the 2nd petitioner was not declared unfit at the time of his first examination, his case does not fall under Clause (i) referred above, but it falls under Clause (ii), and therefore, as the 2nd petitioner was having less than 2 years of leftover service by the said date, he was not eligible for dependant employment.
9. It is to be seen that on both occasions, the 2nd petitioner was examined by the same Corporate Medical Board, which ultimately declared him unfit for further service. When the 2nd petitioner had suffered severe injuries in the accident that occurred while on duty and when he was ultimately declared unfit for duty due to such injuries, the respondents cannot treat his case under Sub-clause (ii) of Clause 9.4.0 of the National Coal Wage Agreement-VI, as it was not a case of general physical debility. His case clearly falls under 8 JS, J W.P.No.18836 of 2019 Sub-Clause (i) of Clause 9.4.0 of the said Coal Wage Agreement, as his disablement was the result of injuries sustained in the accident that occurred while on duty.
10. The learned Standing Counsel for respondents has referred to a judgment of this Court in W.P.No.2611 of 2020 and batch, dated 07.12.2021, wherein, this Court has directed the Superintendent of Gandhi Hospital to constitute an independent Medical Board to examine the petitioners therein and categorise as to whether their cases fall under Sub-clause (i) or Sub-clause (ii) of Clause 9.4.0 of the National Coal Wage Agreement-VI. Since there were number of petitioners in those batch of writ petitions and there were different aspects to be considered while deciding their cases, an independent Medical Board was ordered to be constituted to consider the case of each and every petitioner therein. But, the present case stands on a different footing, as in this case, there is no dispute with regard to the fact that the 2nd petitioner had suffered the accident while discharging his duties on 06.07.2018 and sustained severe injuries and he was ultimately declared unfit for further service in the Company. Therefore, there 9 JS, J W.P.No.18836 of 2019 is no further necessity to refer his case to any Medical Board, as it clearly falls under Clause 9.4.0 (i) of the National Coal Wage Agreement-VI.
11. Coming to the aspect of paying provident fund amount of the 2nd petitioner, the learned counsel for petitioners has referred to Clause 63 of the Coal Mines Provident Fund Scheme. As per Clause 63(1)(b), a member of the said Scheme is entitled to get the entire accumulated amount standing to his credit on being rendered permanently and totally incapacitated for work in the coalfields due to bodily or mental infirmity, notwithstanding the date on which he ceases to be employed. Since the 2nd petitioner was incapacitated for work as has been certified by the Corporate Medical Board due to the injuries sustained in the accident that occurred while on duty, the 1st petitioner being the legal heir of 2nd petitioner, is entitled to be paid the entire amount accumulated in the provident fund account of the deceased-2nd petitioner.
12. For the aforesaid reasons, this writ petition is allowed, setting aside the order dated 04.07.2019, passed by the 4th 10 JS, J W.P.No.18836 of 2019 respondent in Ref.No.MMR/PER/S/161/19/4019. The respondents are directed to provide suitable dependant employment to the 1st petitioner in the 1st respondent-Company and release all statutory benefits payable to the 2nd petitioner as per Rules, within a period of three months from the date of receipt of a copy of this order. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
____________________ JUVVADI SRIDEVI, J Date: 16.10.2023 ajr