THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.2140 of 2005 DATED: 03.02.2011 Between: Mutyala Sankar Rao ….. Petitioner AND The Operation Manager, BOC India Limited, Nakkavanipalem, P & T Colony Post, Visakhapatnam and another ….Respondents O R D E R: This Writ Petition has been instituted by a former employee of British Oxyzen Company (BOC) at Visakhapatnam, questioning the correctness and validity of the award passed by the Industrial Tribunal- cum-Labour Court at Visakhapatnam, in I.D.No.85 of 2000 on 16th March 2004. The writ petitioner, while working with the BOC India Limited at Visakhapatnam, met with an accident requiring him to undergo extensive treatment. After he reported to duty on 10th February, 2000, the management subjected him to a medical examination. Initially, for the said purpose he has been referred to the King George Hospital at Visakhapatnam, which is a teaching hospital attached to Andhra Medical College. However, on the ground that the opinion of the Medical Board was not becoming available speedily, the management of the BOC subjected him to examination through their company panel Doctor, who in turn, referred the writ petitioner for examination by a specialist- Orthopaedic Surgeon. The specialist-Orthopaedic Surgeon declared him as unfit for further continuance in employment. Based on the said medical opinion, the management of BOC passed an order on 15th February, 2000 regretting their inability to continue the writ petitioner in their employment. That gave rise to the industrial dispute referred to supra. The Industrial Tribunal rendered its award holding that adequate material on record is not available to challenge the opinion of the specialist-Orthopaedic Surgeon, who examined the petitioner. However, during the course of hearing of this writ petition, learned counsel for the writ petitioner Sri C. Niranjan Rao has taken out W.P.M.P.No.38386 of 2010 seeking the permission of the Court to take on record certain additional documents, which included the opinion tendered by the Medical Board of the King George Hospital declaring the petitioner as fit enough to undertake the employment. This application has been opposed by the management of the BOC. The matter has been heard at great length. Sri C.R. Sridharan, the learned counsel appearing for the management of BOC, has pointedly drawn my attention to the fact that for variety of reasons including the operational difficulties and intervention of several legislations, the management of the BOC had to undertake reduction of their operations resulting in down sizing the manpower, as a result, they have offered voluntary retirement benefit scheme to several employees who were willing to quit the employment. Ultimately, the management of the BOC had to stop all its operations at Visakhapatnam. In this peculiar scenario, I requested Sri C.R. Sridharan to take up the matter with the management for securing a suitable amount of compensation payable to the petitioner as a kind of settlement of all disputes between the parties. Sri C.R. Sridharan has persuaded the management to pay a sum of Rs.4,00,000/- as full and final settlement of all existing disputes that might even be raked up at a later point of time. The said amount of Rs.4,00,000/- by way of a Demand Draft has been drawn on State Bank of India, Visakhapatnam Branch, bearing D.D.No.893816 dated 31.01.2011. The Demand Draft is drawn in the name of Sri Mutyala Sankar Rao, the writ petitioner and the same is handed over to Sri Mutyala Sankar Rao in the Court today by the Court Officer. Sri Mutyala Sankar Rao, however, expressed certain reservation to receive only Rs.4,00,000/- but upon gentle persuasion by the Court to see the wisdom of accepting the compensation, has seen reason and accepted the same. In view of the fair and amicable settlement that has been worked out by the parties, no further orders are needed to be passed in this writ petition and hence, this Writ Petition is dismissed, but however, without costs. Before parting with this case, I consider it as an eminently fit case to place on record the sincere efforts put in by Sri C. Niranjan Rao, learned counsel for the petitioner, who tried his very best to secure as much a relief legitimately liable to be secured for his client. At the same time, Sri C.R. Sridharan, notwithstanding enormous contentions and pleadings raised by him, has used his good offices to persuade his client to buy peace once for all and at the same time rehabilitate one of their own former employees, by tendering just and fair compensation. Sri Mutyala Sankar Rao, the writ petitioner who is present in the Court has at the end realised the importance of settling the matter by receiving compensation in view of the closure of operations of BOC at Visakhapatnam. This case has ultimately demonstrated as to how perseverance can pay reasonable dividends. --------------------------------------- -- Nooty Ramamohana Rao, J 3rd February 2011 bud