IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT APPEAL No.1026 of 2007 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 09.03.2007 in Weir Petition No.5023 of 1997 on the file of the High Court.) Between: 1. The Singareni Collieries Company Ltd., represented by its Chairman & Managing Director, Red Hills, Hyderabad. 2. Medical Board, The Singareni Collieries company Ltd., Kothagudem,. Khammam District, represented by its President Dr.K. Mukunda Rao, Chief Medical Officer. ...Appellants And Sri K. Gopikrishna, S/o. Krishnamurthy, R/o.20-75/4, Near Contractors Colony, Bapujinagar, New Paloncha, Khammam District. ...Respondent Counsel for the appellant : Ms. V. Uma Devi for Sri K. Srinivasa Murthy Counsel for the Respondent : Sri M.R.K. Choudary, Senior Advocate, assisted by Sri P.V. Mahesh The Court passed the following: JUDGMENT: (Per Anil R. Dave, C.J.) A short question, which has arisen in this appeal, which has been ﬁled against an order passed in Writ Petition No.5023 of 1997, dated 9th March, 2007, is whether the respondent – original petitioner should be produced before a proper Medical Board and whether he should be permitted to work as an Excavation Plant Operator. The relevant facts in a nutshell are as under: The respondent – original petitioner was working as an Excavation Plant Operator. He had been referred to Dr. Sudhir Naik of Osmania General Hospital by the Deputy Medical Superintendent of the appellant company as there were some problems with regard to his health. Dr. Sudhir Naik, after examining him, found that the respondent – employee was ﬁt to perform his duties and accordingly ﬁtness certiﬁcate had been issued. The appellant – employer did not ﬁnd the said certiﬁcate to be proper and on the basis of other material, came to a conclusion that the respondent was not medically ﬁt and, therefore, his service was terminated. In the afore-stated circumstances, the order terminating the service was challenged by the respondent. The learned Single Judge, after considering the facts of the case and after hearing the learned advocates, came to the conclusion that as the respondent – original petitioner was found ﬁt to perform duties as an Excavation Plant Operator, he should be reinstated as an Excavation Plant Operator with all consequential beneﬁts. However, it has been clariﬁed by the learned Single Judge that it would be open to the appellant – employer to produce the respondent – employee before the Medical Board for his re-examination. The appellant – employer has been aggrieved because, at present, by virtue of the order passed by the learned Single Judge, the respondent – employee is bound to be reinstated as an Excavation Plant Operator, but according to the employer, the respondent – employee is not ﬁt to perform the duties of an Excavation Plant Operator and, therefore, he has been asked to work as a General Mazdoor. After hearing the learned Advocates and looking to the impugned order passed by the learned Single Judge, we do not ﬁnd any inﬁrmity in the order passed by the learned Single Judge. However, we are of the opinion that the respondent – employee shall be referred to the Medical Board within 15 days from the date of receipt of a copy of this order for fresh opinion of the Medical Board. Till the respondent – employee is examined by the Medical Board, he may be continued in the cadre of General Mazdoor, the cadre in which he is working at present. Subject to the above observations, the appeal is disposed of with no order as to costs. ANIL R. DAVE, C.J. 4th September, 2008 R. SUBHASH REDDY, J. ……REGISTRAR To 1.Two CD copies. ARS