Talari Venkati vs The Singareni Collieries Company ...
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Telangana High Court

Talari Venkati vs The Singareni Collieries Company ... on 2 July, 2025

Author: Surepalli Nanda

Bench: Surepalli Nanda

         HON'BLE MRS. JUSTICE SUREPALLI NANDA


               WRIT PETITION No.12182 OF 2022

ORDER:

Heard Sri Ch.Venkat Raman, learned counsel

appearing on behalf of the petitioner and Sri P.Sri Harsha

Reddy, learned standing counsel appearing on behalf of

the respondents.

2. The petitioner approached the Court seeking prayer

as under:

"...to issue a writ, order or direction and more particularly one in the nature of Writ of Mandamus,

a) Declaring the action of the respondents 1 to 5 in declaring petitioner is medically fit for services though the petitioner is having Knee pains lower back pain, neck pain and other old age problems issues as per the Mines Act, 1952.

b) Declare the action of the respondents 1 to 5 not followed the medical examination as per the Mines Act, 1952 and its Rules, 1955 and not issued any proper medical certificate to the petitioner and

c) Declare the action of the respondents 1 to 5 not providing opportunity to approach Appellate Medical Board by alleging the petitioner to refer the matter to 6th respondent and not provided proper medical documents and the same is illegal, arbitrary, unjust, contrary to the

SN, J

Mines Act, 1952 and its Rules, 1955, and also National Coal Wages Agreement-VI, violative of principles of natural justice and violative of Articles 14, 19 and 21 of the Constitution of India, and consequently declare that petitioner is medically invalidated as per his diseases as per the Mines Act 1952, and its Rules, 1955 and as per the National Coal Wages Agreement-VI and further declared that petitioner is entitled for all statutory benefits with retrospectively under Mines Act, 1952 and Rules 1955 and National Coal Wages Agreement and to pass..."

3. The case of the petitioner in brief as per the

averments made in the affidavit filed by the petitioner in

support of the present Writ Petition is as under:-

The petitioner is working as Support Man in the 1st

Respondent-Company and the petitioner had been diagnosed

with multiple health conditions and petitioner received treatment

from Area Hospital and the Main Hospital of the 1st Respondent

Company. Thereafter, the petitioner was examined by the 5th

Respondent-Corporate Medical Board and the 5th respondent

declared that the petitioner is medically fit for the same post on

13.05.2017.

SN, J

It is further the case of the petitioner that the medical

examination was not conducted in accordance with the Mines

Act, 1952 and Mines Rules, 1955, and the petitioner was not

provided with a copy of his medical certificate or its reasoning for

holding that the petitioner is medically fit for the job by the 5th

respondent, thereby denying the petitioner his statutory right of

appeal to the 6th respondent/ Director General of Mines &

Safety/Appellate Medical Board as contemplated under the

Indian Medical Council Act, 1956. Aggrieved by the same, the

petitioner preferred the present writ petition.

4. Learned counsel appearing on behalf of the

petitioner submits that the subject issue in the present

Writ Petition is squarely covered by the orders of this

Court, dated 19.10.2023 passed in W.P.No.29477 of 2023,

and the orders dated 19.11.2024 passed in

W.P.Nos.20150 of 2019 & batch and the orders dated,

16.07.2024 passed in W.P.Nos.4025 of 2022 & batch and

hence, the Writ Petitioner is entitled for the relief of

issuance of Form "O" certificate by the respondents to

the petitioner to enable the petitioner to prefer an Appeal

to the Appellate Medical Board i.e.,6th respondent

SN, J

herein/Director General of Mines & Safety, Dhanbad,

Jharkhand State and also to enable the petitioner to

submit all the medical records of the petitioner to

Appellate Medical Board for taking necessary action on

the appeal to be preferred by the petitioner.

5. Learned standing counsel appearing on behalf of the

respondents submits that the relief as granted by this

Court dated, 16.07.2024 passed in W.P.Nos.4025 of 2022

and batch and other similar orders relied upon by the

petitioner cannot be granted to the petitioner herein,

since the relevant records pertaining to the petitioner

have to be examined prior to issuance of the Form "O"

certificate in favour of the petitioner and further that the

petitioner had not applied for the same to the 3rd

respondent as on date and hence, it is open to the

petitioner to make an application /representation to the

3rd respondent seeking issuance of Form "O" certificate to

the petitioner herein to enable the petitioner to prefer an

appeal to the Appellate Medial Board/6th respondent

herein and the same would be considered in accordance to

SN, J

law, after due examination of the relevant records

pertaining to the petitioner herein and appropriate orders

would be passed in due course on the said representation

to be submitted by the petitioner to the 3rd respondent

herein within a reasonable period.

6. Learned counsel appearing on behalf of the petitioner

does not dispute the said submission made by the learned

standing counsel appearing on behalf of the respondents.

7. Taking into consideration:-

a) The aforesaid facts and circumstances of the case.

b) The submissions made by the learned counsel

appearing on behalf of the petitioner and learned standing

counsel appearing on behalf of the respondents.

c) The judgments of this court enlisted below:-

i) Order dated 19.10.2023 passed in W.P.No.29477

of 2023,

ii) Order dated 19.11.2024 passed in W.P.Nos.20150

of 2019 & batch and

iii) Order dated, 16.07.2024 passed in W.P.Nos.4025

of 2022 & batch

SN, J

The Writ Petition is disposed of directing the

petitioner to submit a detailed representation to the 3rd

respondent, duly enclosing the orders dated 19.10.2023

passed in W.P.No.29477 of 2023, and the orders dated

19.11.2024 passed in W.P.Nos.20150 of 2019 & batch and

the orders dated, 16.07.2024 passed in W.P.Nos.4025 of

2022 & batch , seeking issuance of Form "O" certificate to

the petitioner herein to enable the petitioner to prefer an

Appeal to Appellate Medical Board/6th respondent herein,

and upon the petitioner making the said

application/representation within a period of one (01)

week from the date of receipt of copy of the order, the 3rd

respondent is directed to consider the same, in

accordance to law, duly taking into consideration the view

and observations of this Court in the judgments, dated

19.10.2023 passed in W.P.No.29477 of 2023, and the

judgment dated 19.11.2024 passed in W.P.Nos.20150 of

2019 & batch and the judgment dated, 16.07.2024 passed

in W.P.Nos.4025 of 2022 & batch duly examining the

applicability of the said Judgments to the facts of the

present case and duly examining the relevant records

SN, J

pertaining to the petitioner and pass appropriate orders

on the said application/representation within a period of

six (06) weeks from the date of receipt of copy of the

order and duly communicate the decision to the

petitioner, pertaining to the request of the petitioner for

issuance of "O" certificate so as to enable the petitioner to

prefer an Appeal to Appellate Medical Board/6th

respondent herein. However, there shall be no order as to

costs.

Miscellaneous petitions, if any, pending in this Writ

Petition, shall stand closed.

___________________________ MRS. JUSTICE SUREPALLI NANDA Date:02.07.2025

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