Manik Bauri & Ors vs Eastern Coalfields Limited & Ors

Amrita Sinha, J

The petitioner No.1 is an employee of the Eastern Coalfields Limited. According to him, he is suffering from tuberculosis and completely unfit for duty on and from March 2015. The photograph of the petitioner annexed at page 55 of the writ petition show that he is paralyzed at present. The Physical Attendance Register in respect of the petitioner No.1 indicates that since March 2015 the petitioner No.1 did not report for work.

The petitioner No.1 applied before the respondent authorities for assessment of his medical unfitness.

By a communication dated 22nd September, 2018, the General Manager (P & IR), Eastern Coalfields Limited intimated the Assistant Registrar (Law), National Human Rights Commission (Law Division) that the petitioner No.1 was assessed by the Apex Medical Board on 27th May, 2016 at Sanctoria Hospital and he was declared 'fit for duty' by the Apex Medical Board. He was again examined on 14th February, 2017 and was again declared 'fit for duty'.

The petitioner No.1 was however, advised to apply afresh to appear before the Apex Medical Board under clause 9.4.0 of NCWA. The Company took note of the fact that the petitioner No.1 was suffering from tuberculosis and the same is a curable disease. The condition of the petitioner No.1 has deteriorated because of not following proper treatment and advice.

The communication mentioned that as per NCWA-IX valid from 1st July, 2011 to 30th June, 2016, there was a provision for special leave with 50% of basic pay along with dearness allowance to the workmen suffering from tuberculosis upto a period of six months and with a recurrence for a further period of six months on the certification of the treating physician of the Company. On and from 1st July, 2016 the special leave with 50% basic pay and dearness allowance has been extended to a period without any limit till the workmen is recovered or superannuation whichever is earlier as per the provision.

The Company opined that the workman may be advised to follow the rules and take advantage of the Scheme in force.

The petitioner No.1 alleges that even though there is a provision in the NCWA for payment of 50% of the basic pay along with dearness allowance, the same has not been paid to him since 2015.

It has been submitted that due to non-payment of the wages, the petitioner No.1 is not in a position to continue with his medical treatment and it is becoming very difficult for him to maintain his family which is passing through acute financial stringency.

The petitioner No.1 contends that his son who is the petitioner No.3 herein visited the office of the respondent Company practically on each and every day to enquire about the payment of wages which was due and payable to the petitioner No.1 and for taking information with regard to the fate of the application made by the petitioner No.1 under Clause 9.4.0 of NCWA.

By a communication dated 7th January, 2019 the petitioner No.1 was advised to appear before the Apex Medical Board on 11th January, 2019 for examining his prayer for voluntary retirement on medical ground under Clause 9.4.0 of NCWA.

It has been submitted that the Apex Medical Board did not meet on 11th January, 2019 and since thereafter, the petitioner No.1 was never informed about the next sitting of the Apex Medical Board.

The petitioner No.1 prays for a direction upon the respondents for examining him by the Apex Medical Board for voluntary retirement on medical ground under Clause 9.4.0 of NCWA.

The petitioner No.1 further prays for a direction upon the respondents for payment of his arrear wages along with other admissible dues including bonus, leave travel allowance etc.

The learned advocate appearing on behalf of the respondents submits that according to the NCWA the petitioner will be entitled to receive 50% of his basic pay and dearness allowance. A calculation sheet of the amount payable to the petitioner No.1 has been handed over to the Court with a copy to the learned advocate appearing on behalf of the petitioner.

It has been submitted that the payment could not be made to the petitioner as he did not apply for receiving the same. It has also been submitted that steps were being taken for consideration of his representation for setting up of the Apex Medical Board for examining the medical condition of the petitioner No.1.

After hearing the submission made on behalf of both the parties, it appears that the respondent Company has taken note of the fact that the petitioner was not in a position to join work since March 2015 as he is suffering from tuberculosis and has since been paralyzed. The Attendance Register maintained by the respondents indicates that the petitioner has absented himself from work from March 2015 onwards.

It is the duty and obligation of the employer to pay the employee his wages, on regular basis, so that the employee and his family can survive and the petitioner No.1 can avail the medical facilities.

The contention of the respondents that the money could not be paid as the employee did not apply for the same cannot be accepted by this Court. The employer is liable to pay the employees on the roll their monthly dues without any requirement of making application for receiving the same.

In view of the above, the instant writ petition is disposed of by directing the respondent No.4 being the General Manager, Jhanjhra Projects, Eastern Coalfields Limited to take immediate steps for releasing the arrear wages of the petitioner No.1 that is due and payable to him since March 2015 along with the admissible benefits including bonus, leave travel allowance etc. within a period of five weeks from the date of communication of a copy of this order.

The petitioner No.1 shall be entitled to receive interest on account of the delayed payment @8% per annum from the date when the money became due and payable till the date of actual payment.

In the event the aforesaid payment is not disbursed in favour of the petitioner No. 1 within the time specified hereinabove, the petitioner No. 1 shall be entitled to receive the money along with interest @12% per annum from the date on which the money became due and payable till the date of actual payment.

It is needless to mention that the said respondent shall ensure that the petitioner No.1 is paid his current admissible dues regularly on month by month basis without any unnecessary delay.

The respondent No.1 being the Managing Director of the Eastern Coalfields Limited is directed to take steps for getting the petitioner No.1 examined by the Apex Medical Board in terms of the provision of 9.4.0 of NCWA. Such steps should be taken on an urgent basis but not later than eight weeks from the date of communication of a copy of this order.

The Apex Medical Board shall take a decision in the matter and communicate the same to the petitioners within a fortnight thereafter.

W.P 17420 (W) of 2019 is disposed of accordingly.

Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.