Telangana High Court
Parupelly Shekar Varma vs The Singareni Collieries Company ... on 6 July, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
W.P. No.3892 of 2022
ORDER:
This writ petition has been filed to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of mandamus declaring the action of the 1st respondent-company in issuing proceedings reference No. BHP/KTKOC-3/WO-18/2021/57-36, dated 21.12.2021, rejecting dependent employment to the 1st petitioner stating that the 1st petitioner's age is 40 years as per the age assessment committee and that as per the 1st respondent company's records i.e., date of birth of the 1st petitioner, who is the son of the ex- employee i.e., the 2nd petitioner herein, is 01.08.1979 and not 15.06.1988 as claimed by him, even after verifying the SSC Certificate, school records, Community records and ect., as illegal and against the Mines Act, 1952 and its Rules 1955 and National coal Wages Agreement and its implementing instructions and consequently to declare that the 1st petitioner is having valid date of birth 15.06.1988 as per the Secondary School Certificate and other records and further to declare that petitioner is entitled for all statutory benefits including dependent employment under Mines Act, 1952 and its Rules 1955 and National Coal Wages Agreement, and to pass such other order (or) orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
2. Learned Counsel for the petitioner submits that the 1st petitioner's actual date of birth as per the SSC certificate and other documents issued by the government is 15-06-1988 but, the respondent have considered his date of birth as per the service records of his father who entered the age of his son at the time of his entry into service as 01-08-1979.
3. Learned counsel of the petitioners further submits that, the 1st petitioner was referred to medical board of the Singareni Collieries which issued a certificate stating that the petitioner attained age of 40 years. He submits that this certificate cannot be relied upon . According to him, the certificates submitted by the 1st petitioner should alone be considered regarding his date of birth as they are issued by the government authorities after due verification.
4. Learned Standing Counsel for the Singareni Collieries has referred to the age of the petitioner as mentioned by his father, who was the employee of the respondent, in his service record. He further submits that the 1st petitioner was examined by the medical board of the Singareni Collieries and also the certificates produced by the 1st petitioner have been considered and accordingly, respondent has issued proceedings dated 21-12-2021 rejecting the claim of the 1st petitioner.
5. After hearing both parties, this court feels that the 1st petitioner should be referred to another medical board for assessment of his age afresh. The documents relied on by the 1st petitioner in support of his case are SSC certificate, national trade certificate, national apprenticeship and date of birth certificate etc., all issued by Government authorities after 2009. Therefore, it is deemed fit and proper to direct the respondents to refer the 1st petitioner to Gandhi Hospital, Secunderabad, which is directed to constitute a Medical Board and determine the age of the 1st petitioner and after obtaining certificate from the Gandhi Hospital, the case of the 1st petitioner shall be considered by the respondent company. The entire exercise shall be completed within a period of 60 days from the date of the receipt of a copy of this order by the respondents.
6. Writ petition is accordingly disposed of. Miscellaneous applications, if any pending, shall also stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 06.07.2022 tssb THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI WP No.3892 OF 2022 Date:06-07-2022 tssb