S.T.MUKHOPADHAYA, J. - (1.) THE petitioner being not satisfied with the decision of appropriate Government, has challenged the decision communicated vide letter No. 532/97 dated 21.10.1998. The appropriate Government has refused to refer the dispute as was raised by the petitioner for the reasons shown therein.
(2.) THE stand taken by the petitioner is that the appropriate Government, cannot refuse to refer the dispute on merit and the workman having medically unfit prior to attaining the age of 60 years, was entitled for benefit under Clause -9.4.3 of N.C.W.A. IV. Reliance was also placed on a decision of this Court in Emp. in re Mgt. of Giridlh Collieries v. Presiding Officer and Anr., reported fit 2001 (1) JCR 1. T le case of the petitioner is that, the workman namely. Bangal Mahato was declared nedically unfit while in service and was entitled to avail benefit, of Clause -9.4.3, of N.C.W A. -IV which provides employment to one of the son. Such benefit having not allowed. a dispute was raised but it was not referred and rejected by the appropriate Government on merit on the ground that the workm in Bangal Mahato retired on attaining the age of 60 years.
(3.) COUNSEL for the respondents submitted that merely because a dispute has been raised, the appropriate Government is not found to refer the dispute without application of mind. By impugned letter dated 31.8.1998. the appropriate Government has not determined the claim on merit, but shown ground for refusal.;