Basant Hari vs M/S Bharat Cocking Coal Ltd. & ...
2022 Latest Caselaw 4373 Jhar

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          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                        W. P. (S) No. 6987 of 2019

              Basant Hari                              ...       ...     Petitioner
                             Versus
         M/s Bharat Cocking Coal Ltd. & Others
                                          ...    ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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06/02.11.2022

1. Learned counsel for the parties are present.

2. Learned counsel for the petitioner submits that the petitioner was medically unfit to perform his work and therefore in terms of clause 9.4.0 of NCWA, he had requested the respondent No. 5 for getting him medically examine while the petitioner was in service, but no action was taken and consequently, the petitioner has filed the present writ petition. He submits that the application of the petitioner for getting himself medically examine was pending since 05.01.2017.

3. Learned counsel appearing on behalf of the respondents, on the other hand, has submitted that the petitioner was throughout working and attained the age of superannuation on 29.02.2020 and there was no loss of employment. He also submits that the very fact that the petitioner was throughout working itself indicates that he was medically fit enough to continue to work. The learned counsel has referred to para-16 of the counter-affidavit and has also relied upon a judgment passed by this Court in W.P. (S) No. 2606/2016 dated 06.03.2019 which has been affirmed in L.P.A. No. 412/2019. A copy of the aforesaid judgment passed in W.P. (S) No. 2606/2016 has been produced before this Court, but the order passed in L.P.A. No. 412/2019 has not been produced. Learned counsel for the respondents undertakes to provide a copy of the judgment passed in L.P.A. No. 412/2019 prior to the next date of hearing.

4. Upon this, learned counsel for the petitioner submits that a counter-affidavit has been filed in the present case and he needs to seek instructions from his client. The learned counsel has also relied

upon a judgment passed in W.P. (S) No. 2521/2018 decided on 05.11.2019 in support of his case.

5. Since the learned counsel for the petitioner is seeking adjournment, the matter is adjourned and is directed to be posted on 21st November, 2022 to be taken up as a first case at 10:30 a.m. No further adjournment will be granted.

6. Let this matter be treated as part heard.

(Anubha Rawat Choudhary, J.) Mukul