Calcutta High Court (Appellete Side)
Bhimlal Mahato vs The Eastern Coalfields Ltd. & on 16 August, 2019
Author: Amrita Sinha
Bench: Amrita Sinha
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Item. 11. 16.08.2019 W.P. No. 15266 (W) of 2019
sd
Ct 24.
Bhimlal Mahato vs. The Eastern Coalfields Ltd. &
Ors.
Mr. Piyush Chaturbedi
Mr. Dhilon Sengupta
Mr. Roni Chowdhury
..For the petitioner.
Mr. Manik Das
..For the respondents.
The petitioner is an employee of the Eastern Coalfields Limited. While on duty, he met with an accident in the year 2016. He was treated in the hospital of the Eastern Coalfields Limited. He was thereafter referred to several other hospitals for treatment.
By a communication dated 22nd August 2018, the petitioner was informed about the findings of the IOD Job Suitability/Disability Assessment Board, wherein it was mentioned that he was suffering from 100% Permanent Partial Disability. The petitioner was recommended as "Unfit for job". The petitioner was directed to submit documents for processing his claim for payment of compensation under the Employees' Compensation Act, 1923.
The petitioner by a letter dated 28th August 2018 requested the Director of the Eastern Coalfields 2 Limited to declare him "Unfit for job" and to terminate his services on the ground of medical incapacitation for the purpose of processing with the claim for employment of his youngest son in terms with the National Coal Wages Agreement IX.
In response to the said application made by the petitioner, he was directed to appear before the Apex Medical Board on 11th January 2019 along with relevant documents. On 10th January 2019 the petitioner was informed that because of the ensuing strike called by some Central Trade Unions, the Apex Medical Board will not hold its sitting on the scheduled date.
The learned advocate appearing for the petitioner submits that since thereafter the Apex Medical Board did not sit.
By a communication dated 28th February 2019 the petitioner was informed that a sum of Rs. 7,18,416/- has been disbursed in his favour on account of compensation under the Workmen's Compensation Act.
In the instant case, the petitioner has prayed for a direction upon the respondent authority for payment of ex-gratia amount of Rs. 84,600/- in terms of clause 9.2.4 of the NCWA-IX.
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The said clause mentions that in addition to the compensation payable under the Workmen's Compensation Act, an ex-gratia amount of Rs. 84,600/- be paid to an employee in case of death or permanent disability resulting on account of accident arising in course of employment.
The petitioner submits that since he has been declared to be 100% disabled, he is entitled to receive the aforesaid ex-gratia amount. The petitioner also submits that as he has already been declared to be permanently disabled and unfit for work. There is no requirement for further check up by the Apex Medical Board.
The petitioner submits that his son is entitled for being appointed in terms of clause 9.4.0 of the NCWA-IX.
The learned advocate appearing on behalf of the respondents submits that the petitioner has already made a prayer for his physical check up by the Apex Medical Board. The Board directed him to appear but as the sitting could not be held on the scheduled date due to strike, accordingly, a time may be fixed within which the petitioner will be checked up by the Board.
The prayer of the petitioner regarding ex- 4 gratia payment and for compassionate appointment of his son will depend upon the recommendation of the Apex Medical Board.
Upon hearing the submissions made on behalf of both the parties, it appears that the authority has already acted in terms of the request made by the petitioner for being checked up by the Apex Medical Board. A date was also fixed for his physical check up, but as the Medical Board did not sit on the said date due to strike the petitioner could not be physically checked up.
The provision for ex-gratia payment requires a declaration of permanent total disablement. The report of the Disability Assessment Board which is annexed at page 48 of the writ petition speaks of Permanent Partial Disability of 100% but the same does not say that the petitioner is totally disabled for continuing with any type of job with the respondent Company.
In that view of the matter, the petitioner is liable to be checked up by the Apex Medical Board at the earliest. The prayer of the petitioner for payment of ex- gratia as well as for compassionate appointment of his son will depend upon the findings and recommendation 5 of the Apex Medical Board.
The respondent no. 7 being the Chief Medical Service, Eastern Coalfields Limited is directed to take immediate steps to ensure that the petitioner is checked up by the Apex Medical Board at the very next sitting. The respondent authorities are further directed to ensure that the Apex Medical Board holds its next sitting within a period of four months from date.
The prayer for ex-gratia payment as well as compassionate appointment of the son of the petitioner shall be considered by the authority in accordance with the findings and recommendation of the Apex Medical Board.
W.P. No. 15266 (W) of 2019 is disposed of. Urgent photostat certified copy of this order be given to the parties, if applied, upon compliance of necessary formalities.
( Amrita Sinha, J. ) ``