Muthineni Mallaiah vs The Chairman And Managing ...
2023 Latest Caselaw 250 Tel

 IN THE HIGH COURT OF TELANGANA AT HYDERABAD

                  W.P. No.11103 OF 2019
Between:

Muthineni Mallaiah
                                               ... Petitioner
And

Singareni Collieries Com. Ltd. and others
                                             ... Respondents

JUDGMENT PRONOUNCED ON: 19.01.2023

      THE HON'BLE MRS JUSTICE SUREPALLI NANDA



1. Whether Reporters of Local newspapers               :    yes
   may be allowed to see the Judgment?

2. Whether the copies of judgment may be
   marked to Law Reporters/Journals?               :       yes

3. Whether Their Lordships wish to
   see the fair copy of the Judgment?          :           yes


                                      _________________
                                        SUREPALLI NANDA, J
                                 2




     THE HON'BLE MRS JUSTICE SUREPALLI NANDA

                  W.P. No.11103 OF 2019

% 19.01.2023

Between:

# Muthineni Mallaiah

                                                 ... Petitioner
      and
$ Singareni Collieries Com. Ltd. and others
                                              .....Respondents

< Gist:


> Head Note:



! Counsel for the Petitioner   : Sri Ch Venkat Raman


^Counsel for respondents : Sri P.Sriharsha Reddy
                           Standing counsel for respondents



? Cases Referred:
                               3




     THE HON'BLE MRS JUSTICE SUREPALLI NANDA

                 W.P. No. 11103 of 2019

ORDER:

Heard learned counsel for the petitioner and

learned standing counsel appearing for the

respondents.

2. The petitioner filed this writ petition to issue a writ,

order or direction more particularly one in the nature of Writ

of Mandamus declaring that the acts, deeds and things of the

respondents in declaring the petitioner is medically fit is

illegal, arbitrary and violative of rights guaranteed by the

Constitution of India against to the Mines Act, 1952 and its

Rules, 1955 and National Coal Wages Agreement (NCWA) and

consequently declare that petitioner is medically invalid from

the services of the respondents Company from 15-09-2015

and further direct the Respondents to issue statutory benefits

under Mines Act, 1952 and its Rules 1955.

3. The case of the petitioner, in brief, is as follows:

a) When the petitioner was working as Hammer Man (R),

KK-1, Mandamarri Area, he fell ill and was given treatment by

the respondent company in Area Hospital, Ramakrishnapur.

c) The petitioner was referred to Corporate Medical Board,

Bhadaadri-Kothagudem District, by the 4th Respondent vide

Ref. No. RKP/MED/C/001/2359, dated 09.04.2015. On 15-09-

2015 the 4th respondent conducted Corporate Medical Board

examination and found that the petitioner was unfit for

further service.

d) Thereafter, the petitioner applied for statutory benefits

with the respondent Company under Mines Act and National

Coal Wages Agreement (NCWA) and on the Vigilance Enquiry

against the Doctors of the respondent company again they

have conducted Medical Examination on 23.07.2016.

e) The petitioner was referred to NIMS, Hyderabad for MRI

Scanning vide ref. CRP/MED/C/002/2978 dated 26.05.2016

and they conducted Medical Examination and sent report to

the respondent Company.

f) The respondent company sent a letter dated

29.10.2016, vide ref.No.MMR/PER/E/175 that the medical

examination results of the petitioner was kept as 'results

withheld' and till today not declared, which is illegal.

g) On 30-05-2017 the petitioner made a representation to

respondents to declare him as unfit for further service in

respondent company and provide dependant employment to

his son and also informing that he would be retiring from

service on 31-05-2017.

h) Aggrieved by the inaction of the respondents, the

petitioner filed Writ Petition No.39473 of 2018 before the High

Court and at the time of admission, the 4th respondent was

directed to declare the Medical Fitness results of the

Petitioner.

i) After the direction of the High Court, the 4th respondent

on 10-12-2018 has informed that the Medical Board could not

be conducted due to Administrative reasons and that as per

the Neuro Surgeon report of NIMS, the petitioner was fit for

the Job.

j) The petitioner who was suffering from Neuro problem

was declared fit for job is illegal, unilateral and without

conducting any enquiry into the issue. Hence this Writ

Petition.

4. The case of the respondents, in brief, is as

follows:

a) The Petitioner was initially appointed in the respondent

company and retired on 31-05-2017, on attaining the age of

Superannuation. The name of the petitioner was removed

from the rolls of the company on 20-04-2017. Further, the

Terminal benefits were not settled due to the petitioner not

approaching the concerned authorities even though, the

petitioner was given a month notice dated 01-04-2017.

b) The Corporate Medical Board declared the petitioner as

unfit for services on 15-09-2015, but the Vigilance

Department of respondent Company received information that

the petitioner was malingered as if he was suffering from

disease in order to be declared as unfit by the Corporate

Medical Board.

c) Basing on this information, the Vigilance Department

has conducted the enquiry and advised the concerned

authority to re-assess the medical fitness of the petitioner.

d) After admission into NIMS, the petitioner was directed

to attend the Corporate Medical Board on 23-07-2016 and the

Corporate Medical Board on 23-07-2016 has declared results

"With-held" for further evaluation.

e) The Petitioner was sent to NIMS for re-assessing his

medical fitness on 22-02-2016 and MRI Examination on 30-

05-2016 due to the Corporate Medical Board not being held

from 24-02-2017 to 07-04-2018.

f) After examining the Petitioner, the Neuro Surgeon at

NIMS, Hyderabad declared that, the Petitioner is fit for job

and is walking comfortably.

g) After the perusal of the orders of the Court in W.P.

39473 OF 2018 and after perusal of the Medical Records

including NIMS, Hyderabad medical examination records, the

Petitioner was declared fit for Job vide Letter ref. No.

CRP/MED/C/001/9249 dated 10-12-2018.

h) As per the attendance of the petitioner from the year

2011 to year 2015, shows that the petitioner is hale, healthy

and fit for the job and is malingering in order to be declared

unfit by the Corporate Medical Board with the intention to

claim benefits arising in medical invalidation scheme including

the Dependent employment to his son. Hence, when the

prima-facie case is not made out in support of the petitioner,

the respondents pray to dismiss the writ petition.

5. The proceedings of the Corporate Medical Board

held on 15.09.2015, in respect of the petitioner, reads

as under:

S.    Name of the   EC No.    Designa-   Mine    CMB
No.   Employee                tion       Area    DECISION

09    M.Mallaiah    2851693   Coal       Ktk-2   UNFIT FOR
                              Cutter     BHP     UNDER-
                                                 GOUND



PERUSED THE RECORD :

6. A bare perusal of the contents of the letter dt.

09.04.2015 vide Ref. RKP/MED/C/001 of the Chief Medical

Officer, Area Hospital, Ramakrishnapur of the Respondent

Company clearly indicates the fact that the Petitioner had

been referred to MH, KGM. A bare perusal of the report of the

Corporate Medical Board dt. 15.09.2015 filed as Material

Document along with the counter filed by the Respondents,

clearly declares the Petitioner as unfit for further services in

the company. The minutes of the said report of the Corporate

Medical Board, dt. 15.09.2015 are extracted hereunder :

"Minutes : The medical history of Sri Muthineni Mallaiah, Hammer Man, E.C. No.2524814, KK 1 Incline, MMR Area, was explained to the Members of Corporate Medical Board by the Doctor. A case of CVA, Right Hemiparesis, Left Thalamic Infarct, Alcoholic. On 15.09.2015 the Corporate Medical Board Examined and declared him UNFIT FOR FURTHER SERVICES in the company.

REMARKS : HE WAS DECLARED UNFIT FOR FURTHER SERVICES IN THE COMPANY."

7. The said report of the Corporate Medical Board dt.

15.09.2015 is signed by Dr. G.Bhanumathi, (Physician),

A.Anand Rao G.M. (P), Welfare & CSR and Dr. K.

Prasanna Simha, Chief Medical Officer, P.Uma

Maheswar, G.M. O/o. DIR (OPRN) and S.Sarath Kumar,

G.M. (MS), J.Pavithran Kumar, IRS Director (PA&W)

and attested by the Chief Medical Officer Singareni

Collories Company Limited, Kothagudem Collieries on

06.04.2021.

8. A bare perusal of the contents of the Medical

Certificate attested by the Chief Medical Officer, the

Singareni Collories Company Limited, Kothagudem

Collieries on 06.04.2021, clearly indicates that the Dr.

G.Bhanumanthi examined the Petitioner on 15.09.2015.

The contents of the said certificate read as under :

"I have examined Sri Muthineni Mallaiah, E.C.No.2524814, Hammer Man, an employee of KK-1 Incline, MMR Area on 15.09.2015 and found that he is suffering from CVA Right Hemiparesis, Left Thalamic Infarct, Alcoholic, which has permanently and totally incapacitated him for work in the Coal Fileds within the meaning of paragraph 63 (1) (b) of the Coal Mines Provident Fund Scheme."

9. 63 (1) (b) of the Coal Mines Provident Fund Scheme

reads as under :

63 - Circumstances in which accumulations in the Fund are payable to a member -

(1) A member may withdraw the full amount standing to his credit in the Fund -

(b) On being rendered permanently and totally incapacitated for work in the coal fields due to bodily or mental infirmity, notwithstanding the date on which he ceases to be employed.

10. A bare perusal of the letter dt. 26.05.2016 vide

Ref. CRP/MED/C/002/2978 of the Chief Medical Officer

of the Respondent Company addressed to the Director,

NIMS, Hyderabad indicates the Petitioner and one other

employee as being directed to NIMS for MRI Scanning.

11. A bare perusal of the results of the Corporate

Medical Board held on 23.07.2016 indicates Petitioner's

name at Sl.No.37 and the result as being withheld. A

bare perusal of the contents of the letter dt. 15.03.2017

of the Chief Medical Officer, Area Hospital, RKP

addressed to the Chairman, NIMS, Hyderabad, clearly

reveal the request of the said Chief Medical Officer, not

to mention/comment regarding fitness of the

employee. However, in pursuance to the orders dt.

02.11.2018 passed in W.P.No.39473 of 2018 directing

the Respondents herein to declare the result of the

Medical Examination of the Petitioner conducted on

23.07.2016, the Chief Medical Officer vide

Ref.No.CRP/MED/C/001/9249, dt. 10.12.2018 passed

orders observing as under:

You were attended Corporate Medical Board on 15.09.2015 and declare Unfit for further services. Later a complaint received by Vig. Dept., Vigilance Dept., has taken up enquiry and advised to the undersigned to re- assess the medical fitness.

You were kept under observation at Main Hospital, Kothagudem as In-patient from 20.10.2015 to 01.02.2016. Later on 22.02.2016 you were referred to NIMS Hospital, Hyderabad for further evaluation. Again on 30.05.2016 you were sent to NIMS for further evaluation. Based on the NIMS report you were directed to attend Corporate Medical Board for review on 23.07.2016.

The Corporate Medical Board on examination held on 23.07.2016 has declared your result as "WITH-HELD".

However, due to administrative reasons CMB could not be conducted and you were referred to NIMS, Hyderabad along with Medical Support from SCCL Main Hospital with your medical records. On examination by

the Neurosurgeon at NIMS, Hyderabad on 20.03.2017 who opined you were having normal functional capacity and walking comfortably and appears to be malingering. As such you were found FIT for the job.

Accordingly, the result of CMB held on 23.07.2016 is hereby communicated as Fit for Duty.

12. The counter affidavit filed on behalf of the

Respondents Paras 9 & 10 read as under

"It is respectfully submitted that the petitioner was sent to NIMS on 22.02.2016 for re-assessing his medical fitness and MRI examination was on 30.05.2016. It is further submitted that the Corporate Medical Board was not held due to administrative reasons from 24.02.2017 to 07.04.2018 and as such the competent authority has decided to refer the petitioner to NIMS, Hyderabad along with his medical record and with a medical superintendent from the respondent Company on 20.03.2017. It is submitted that after examination of the petitioner, the Neurologist at NIMS examined the petitioner and opined as follows:

"Sri Mutheneni Mallaiah is found to be walking comfortably and appears to be malingering having normal functional capacity and walking comfortably. Patient is FIT for his Job".

It is respectfully submitted that in pursuance of the orders passed by the Hon'ble Court in Writ Petition No.39473 of 2018, dated 02.11.2018, the respondent company after examining the entire medical

records/reports of the petition including NIMS medical examination records, the corporate Medical Board declared the petitioner Fit for job in the Corporate Medical Board examination which was held on 23.07.2016, and the same was communicated to the petitioner vide letter ref.No.CRP/MED/C/001/9249, dated 10.12.2018.

10. It is submitted that the following are the attendance particulars of the petitioner for 5 preceding years:

Year          2011            2012           2013       2014            2015


     From     the      above     attendance         particulars,   it    clearly

envisages that the petitioner has put in more than the required minimum 190 musters/attendances as per Mines Act, 1952 and Mines Rules 1955 in any year as expected from an underground workman and as such it is submitted that the petitioner is hale, healthy and fit for the job and he is malingering in order to be declared unfit by the corporate medical board with an intention to claim benefits arising in medical invalidation scheme including that of dependant employment to his son in the respondent company.

DISCUSSION AND CONCLUSION :

13. This Court taking into consideration the fact that

the report of the Corporate Medical Board dt.

15.09.2015, which has six signatories to it had declared

the Petitioner as unfit for further services in the

company and also the fact of Dr. G. Bhanumathi,

Additional CMO (Physician), one of the signatories of

the report of the Corporate Medical Board, dt.

15.09.2015, having certified the Petitioner as suffering

from CVA Right Hemiparesis, Left Thalamic Infarct,

Alcoholic, which has permanently and totally

incapacitated the petitioner for work in the Coal Fields

within the meaning of paragraph 63 (1) (b) of the Coal

Mines Provident Fund Scheme, and the said certificate

having been attested by the Chief Medical Officer of the

Respondent Company on 06.04.2021, fails to

understand how the Chief Medical Officer of the

Respondent Company referring to the examination of

the Petitioner by the Neuro Surgeon at NIMS,

Hyderabad on 20.03.2017 finds the Petitioner as fit for

the job, in the letter dated 10.12.2018 vide

Ref.No.CRP/MED/C/001/9249.

14. The letter of the Chief Medical Officer, Area

Hospital RKP, dt. 15.03.2017 vide Ref.

No.RKP/MED/A3/D/ 0027/20174 addressed to the

Chairman, NIMS, Hyderabad, requesting him not to

mention/comment regarding fitness of the

employee/Petitioner, filed as Material Document by the

Petitioner herein is also curiously unexplained in the

counter affidavit filed by the Respondents.

15. A bare perusal of the contents of para 9 of the

counter affidavit filed by the Respondents indicates

that the Petitioner had been declared fit for job by the

Corporate Medical Board in the Corporate Medical

Examination which was held on 23.07.2016, but

however the said report of the Corporate Medical

Board, dated 23.07.2016 filed along with counter

affidavit filed by the Respondents herein only indicates

in the remarks column as result withheld and not

having declared the Petitioner as fit for job and the said

report dated 23.07.2016 also has six signatories to it,

but however, the said report is not attested by the

Chief Medical Officer of the Respondent Company

whereas every page of the report dated 15.09.2015 of

the Corporate Medical Board of the Respondent

Company has six signatories to it and is also attested

by the Chief Medical Officer of the respondent company

on 06.04.2021.

16. This Court opines that it is the Neuro Surgeon at

NIMS, Hyderabad who examined the petitioner on

20.03.2017 and opined that the Petitioner is having

normal functional capacity and not the Corporate

Medical Board of the Respondent Company because as

borne on record the two medical reports of the

Corporate Medical Board dt. 15.09.2015 and 23.07.2016

are prior to the examination by the Neuro Surgeon at

NIMS, Hyderabad on 20.03.2017 and the said

examination report dated 20.03.2017 cannot be

equated to the report of the Corporate Medical Board of

the Respondent Company.

17. Taking into consideration the report of the

Corporate Medical Board dt. 15.09.2015 and also the

certificate issued by Dr. G.Bhanumathi, Additional CMO

(Physician) certifying the Petitioner as permanently

and totally incapacitated for work in the Coal Fields

within the meaning of 63 (1) (b) of Coal Mines

Provident Fund Scheme, and the fact of the said report

dated 15.09.2015 and also the certificate being

attested by the Chief Medical Officer of respondent

company on 06.04.2021, this Court opines that the

Petitioner is entitled for grant of relief as prayed for in

the present Writ Petition. The writ petition is

accordingly allowed. The Respondents are directed to

consider Petitioner's representation dt. 30.05.2017 for

providing dependent employment to petitioner's son

and the respondents are further directed to consider

Petitioner's case with regard to the release of all

statutory benefits under Mines Act, 1952 and its Rules

1955 as per petitioner's legal entitlement as per rules

and pass appropriate orders within a period of 4 weeks

from the date of receipt of the copy of the order

treating the Petitioner as Medically Invalid from the

services of the Respondent Company from 15.09.2015

and communicate the said two decisions to the

Petitioner.

Miscellaneous petitions, if any, pending shall stands

closed.

_________________ SUREPALLI NANDA, J Date: 19.01.2023 Note:L.R. copy to be marked b/o kvrm