M.Y.EQBAL, J. - (1.) PETITIONER in this writ application has prayed for issuance of writ of mandamus directing the respondents to allow the petitioner to take voluntary retirement because of physical condition and also to appoint his son on suitable post according to his eligibility.
(2.) PETITIONER was in the service of respondent -B.C.C. Ltd. as Timber Mazdoor. He met with an accident in the first shift while he was on duty on 26.10.1996 and was admitted in the Central Hospital, Dhanbad. Petitioners case is that he continuously remained under treatment and was not fit to resume the work. On 29.4.2000, a Medical Board was constituted to assess the extent of injuries of the petitioner and the Medical Board after examination of the petitioner found that the percentage of permanent disability was to the extent of 60%. Again on 23.3.2001, a Medical Board was constituted to assess the injuries received by the petitioner and the Board opined that petitioner should take physiotheraphy and other treatment. Petitioner then filed representation on 7.7.2001 before the respondents praying that his son who is aged 26 years may be given employment at his place and his voluntary retirement may be accepted. It is stated that instead of accepting voluntary retirement, petitioner was allowed to superannuate after attaining the age of 60 years, i.e. on 15.10.2001. Respondents in their counter -affidavit have" stated that after the petitioner met with an accident and remained in hospital he was regularly paid his full wages and all other benefits. After the percentage of the disablement of the petitioner was assessed by the Medical Board is 60%, petitioner was paid compensation of Rs. 82,336/ - vide cheque No. 760445 dated 9.8.2001. The notice of superannuation was served on the petitioner vide letter dated 26.5.2001 and on receipt of said letter petitioner filed a representation seeking voluntary retirement and also employment to his son.
(3.) ON the last date, the counsel appearing for the respondent B.C.C. Ltd. was directed to produce National Coal Wage Agreement in order to find out whether the case of the petitioner for voluntary retirement and employment of his son could be entertained. Clause 9.4.0 of the National Coal Wage Agreement lays down the provision with regard to employment to the dependent of the workman who is permanently disabled. The said clause reads as under : - - "9.4.0. Employment to one dependent 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 up to 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. (iii) The dependent for this purpose means the wife/husband as the case may be, unmarried daughter, son and legally adopted son. If no such direct dependent is available for employment, brother, widowed daughter/widowed daughter -in -law or son -in -law residing with the employee and almost wholly dependent on the earning of the employee may be considered. In so far as female dependents are concerned, their employment would be governed by the provisions of Clause 9.5.0. (iv) The dependents to be considered or employment should be physically fit and suitable for employment and aged not more than 35 years provided that the age limit in case of employment of female spouse would be 45 years as given in Clause 9.5.0 In so far as male spouse is concerned, there would be no age limit regarding provision of employment.";