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Calcutta High Court (Appellete Side)

22043W/2010 on 29 November, 2010

Author: Tapen Sen

Bench: Tapen Sen

.11.2010
  ad                   W.P 22043(W) of 2010


           Mr. Indranath Mitra      ......... For the Petitioners

           Mr. Soumya Ghosh,
           Mr. Amitabha Roy
                                     ...... For the Respondents

Having heard the parties, this Court is of the view that considering the facts and circumstances of this case, this Writ Petition need not be kept pending before this Court to the prejudice of the Petitioner inasmuch as that she prays for issuance of IOW (Injury on Works)/ISC (Interim Sick Certificate) and also for payment of current salary etc.,.

This Court notices that after prolonged treatment at various Centres of expertise including Apollo Hospital, the Medical Officer of her employer, on 02.11.2010, vide annexure P-15, had already asked her/advised her to be admitted for proper assessment and review.

Mr. Soumya Ghosh, learned Counsel appearing for the Durgapur Steel Plant submits that there is a full-fledged hospital in the Plant known as Durgapur Main Hospital. He submits that if the Petitioner gets herself admitted, a full-fledged Medical Board would immediately be constituted and the assessment etc. would be made whereafter necessary action will be taken.

The submissions of Mr. Ghosh appear to be fair and reasonable and, therefore, this Writ Petition is disposed of with a direction upon the Petitioner to appear before the Chief Medical Officer of the Durgapur Steel Plant Main Hospital on or before the 10th of December, 2010.

In the event she appears before the said Chief Medical Officer, necessary steps as suggested by Mr. Soumya Ghosh would be taken. In the meantime, necessary Interim Sick Certificate be issued in favour of the Petitioner subject to finding her to be entitled to the same on proper examination.

Since this Writ Petition has been disposed of on the suggestion made by Mr. Soumya Ghosh and as agreed upon by the learned Counsel for the Petitioner, no affidavits have been called for and none of the allegations made, should therefore be deemed to have been accepted by any of the Respondents.

Subject to an application for certified copy being made and proof in support thereof being furnished, let a plain photocopy of this Order, duly counter-signed by the Assistant Registrar (Court), be handed over to the learned Counsel for the Parties, on usual undertakings.

(Tapen Sen, J.)