M.Y.EQBAL,J. - (1.) IN this writ application the petitioner has challenged the office order dated 1.7.2000 issued by respondent No. 3, the colliery Manager, Kedla Area of CCL, whereby the petitioner was declared fit to resume alternative job and further for a direction to the respondents to give the petitioner the benefits of 9 -4 -0 of the National Coal Wages Agreement (shortly NCWA) by giving employment to his son.
(2.) THE petitioner was working on the post of Time Rated Employee and was posted at Kedla underground project, Hazaribagh area. In curse of employment he met with an accident on 7 -10 -1998 in the underground mine and sustained serious injury in his right leg. The petitioner was hospitalised in CCL hospital for more than a year and remained under the treatment of the Area hospital of CCL. The petitioner was continuously allowed medical leave as he was not in a position to perform his duty. The petitioner, therefore, applied for employment of his son on 1 -1 -2000 under para 9 -4 -0 of NCWA. It is alleged that in order to deprive the petitioner from the benefit to employment of his son, the respondents held a Medical Board Just few days before his retirement and declared him fit to resume alternative Job. A counter affidavit has been filed on behalf of the respondents stating, inter alia, that the impugned office order dated 1 -7 -2000 have been issued in pursuance of the letter dated 28 -6 -2000 issued under the signature of Deputy P.M. (Medical) CCL, Ranchi whereby it was conveyed that a Medical Board was held on 24 -6 -2000 and the petitioner was declared fit to resume alternative job. It is further stated that since the petitioner has been declared medically fit by the Medical Board on 24 -6 -2000 and he was also retired from service with effect from 6 -7 -2000 on attaining the age of 60 years, the benefit of Clause 9 -4 -0 of NCWA is not available to the petitioner.
(3.) THERE is no dispute that under NCWA if disablement of a concerned workman arises from an injury of disease which is of permanent nature resulting into loss of employment then the concerned employee would be entitled to the benefit of employment of his dependant on the condition that the physical disability is certified by the Medical Board of the Coal company.;