IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY NINETH DAY OF JUNE TWO THOUSAND AND ELEVEL PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.18653 of 2003 Between: Tanguturi Posham … Petitioner and The Management of Singareni Colleries Limited, Godavarikhani, Ramagundam, Karimnagar District Represented by its Chairman and Managing Director and others. … Respondents W.P. No.26797 of 2003 Between: Kanaganti Ramulu … Petitioner and The Management of Singareni Colleries Limited, Godavarikhani, Ramagundam, Karimnagar District Represented by its Chairman and Managing Director and others. … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.18653 of 2003 And W.P. No.26797 of 2003 COMMON ORDER: Subject matter of both the writ petitions are similar in nature, therefore, they are being disposed of by this common order. The petitioner in W.P. No.18653 of 2003 is one Tanguturi Posham and his case is that he was initially appointed as Temporary Tunnel Mazdoor on 31.10.1974 and later on confirmed as permanent employee and thereafter worked as Shot Firer with effect from 01.02.1989. Due to some illness, he took treatment in the hospitals as inpatient and after taking bed rest, the doctor prescribed medicines and issued certificate that he can attend his regular duties and the said certificate was submitted to the Area Hospital, who in turn forwarded to Kothagudem for obtaining fitness certificate. On 06.02.1998, Kothagudem Main Hospital Medical Board without assigning any reasons and without testing him, unilaterally declared that he is unfit to work as Shot Firer underground. Based on which, the 2nd respondent vide his letter dated 31.03.1998 terminated his services and removed his name from the rolls of the Company on 03.04.1998. It is his further case that when he approached the Trade Union, Mining Technical Staff Association, they mechanically made a representation dated 07.04.1998 stating that as per the Memorandum of Settlement entered into between the Management and the Union, the Management has to provide an alternative job, who were declared medically unfit for underground job, and to provide alternative employment to the petitioner on surface. Taking advantage of the said situation, the respondents started building up the case and called upon the petitioner to be examined on 18.11.1999 and 15.07.2000 and later on declared him as unfit and advised to opt male dependant employment or monthly monetary compensation to female dependant. Simply, without testing, declaring the petitioner as unfit is bad in law. Questioning aforesaid action of the respondents, the petitioner filed the present writ petition. The petitioner in W.P. No.26797 of 2003 is one Kanaganti Ramulu and his case is that he was initially appointed as Badli Filler on 19.04.1979 and later on confirmed as permanent employee and posted as Coal Filler on 01.04.1982, thereafter promoted as Tyndol on 01.03.1993. While he was working as Tyndol on GDK V incline he was asked to go for medical checkup in Godavari Khani Area Hospital on 26.01.1998 and admitted in the hospital informing that he is having blood pressure. Thereafter, his case was referred to Osmania General Hospital for experts opinion vide letter dated 02.12.1998 for further evaluation and the experts opined that it is a case of Aortic Sclerosis with Trivial AR. The petitioner having doubt, approached a private doctor, who thoroughly tested in Medi City Hospital and advised on 09.01.1999 that he is not suffering with any such heart decease. Explaining the said position, the petitioner made a representation dated 19.01.1999 to the Management with a request to review his case. But, without considering his request directed him to report to Kothagudem main Hospital for fitness certificate. Accordingly, on 01.02.1999 reported at Kothagudem Hospital where the doctors without looking into the investigated reports of Medi City Hospital declared the petitioner medically unfit to work as Tyndol underground and forwarded the report to the General Manager Ramagundam-I on 3/9.03.1999. Based on the said report, the 2nd respondent issued Proceedings dated 16.03.1999 terminating his services, which was communicated on the petitioner on 23.03.1999. In this case also, the Trade Union mechanically sought for to provide alternative employment on surface. Several employees of similarly placed were called for Broad Based Medical Board for re- examination or for reviewing the case, but the petitioner was deprived of such opportunity and the respondents have adopted discriminative attitude in his case. Questioning the said action of the respondents, the petitioner filed the present writ petition. On behalf of the respondents, denying the claim of the petitioners, detailed counters have been filed. The learned counsel for the petitioners submits that both the petitioners were declared as unfit to perform their duties and issued terminal proceedings are illegal. It is also submitted that the reports filed by the petitioners goes to show that in the subsequent reports issued by the doctors were not considered by the respondent Company and according to which, the petitioners became fit to perform their duties as usual. He further submitted that the Management has entered into a Memorandum of Settlement under Section 12 (3) of the Industrial Disputes Act, 1947, on 21.02.2000. As per the said Memorandum of Settlement at Item No.4, which deals with the subject of providing alternative employment to the workmen declared unfit to their original job due to reasons other than mine accidents, the petitioners are entitled to alternative job, which has not been considered. On the other hand, the learned counsel appearing for the respondents submits that the petitioners may be directed to undergo re-test by the Medical Board constituted by the respondents Company based on the report to be submitted by the Medical Board, necessary action will be taken by the respondents Company. Heard the learned counsel on either side and perused the material on record. The case of the petitioners is that they are the workmen in the respondents Company and they were declared unfit to their job. The main grievance of the petitioners is that there are different opinions of the doctors. Therefore, their eventual case is that even though they were declared unfit, the respondents have to provide alternative job as per the Memorandum of Settlement dated 21.02.2000 at Item No. 4. From a perusal of the Memorandum of Settlement dated 21.02.2000 Item 4 is dealing with the subject of providing alternative employment to the workmen declared unfit to their original job due to reasons other than mine accidents and seeking alternative employment and such cases would be considered by the Broad Based Medical Committee headed by Director (P.A. & W) to ascertain their suitability for their own job or alternative jobs in underground or as an exception in surface departments open cast projects subject to their fitness for such jobs. However, at the end, both the counsel submitted that the petitioners may be directed to undergo medical test by the Medical Board constituted by the respondents Company and to direct the respondents Company to initiate consequential action, in accordance with law. In that view of the matter, both the writ petitions are disposed of with the following directions, while declaring the proceedings issued by the respondents Company, which are impugned under these writ petitions, are illegal and consequently directed the respondents Company to constitute a Medical Board and test the petitioners, within a period of six weeks, from the date of receipt of a copy of this order and consequently, based on the report to be submitted by the Medical Board, the respondents Company is directed to pass appropriate orders on the service of the petitioners having due regard to the Memorandum of Settlement dated 21.02.2000. Accordingly, these writ petitions are disposed of. There shall be no order as to costs. _________________________ JUSTICE G.CHANDRAIAH Date: 29.06.2011 Note: Furnish C.C. in a week. B/o. LSK