Telangana HC Tells SCCL to Review Disability Claims

Hyderabad: A two-judge panel of the Telangana High Court issued directions to the Singareni Collieries Company Limited (SCCL) to reconstitute an independent corporate medical board for the purposes of examining the medical status of 121 of its employees. The controversy relates to the employees who claimed permanent disability in contrast to the findings of medical boards, which classified them as persons with medical debility under the regulations. Under the VI National Coal Workers Wage Agreement, the wards of those who suffer permanent disability are entitled to compassionate appointment. In contradistinction, those with medical debility are entitled to minor compensation. In the batch of writ petitions, the employees contended that the medical boards had wrongly classified them under the medical debility category only to deprive their wards of employment under the category of wards of medically disabled persons. The present batch is a third round of litigation hovering around the question of whether the employees suffered medical debility. The panel comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Moinuddin directed that the newly constituted independent corporate medical board, which would be headed by a director, with doctors and the general manager (personnel). The board will be required to recategorise the employees in accordance with the wage agreement. The exercise should be completed within four weeks and reported to the court.

HC hears plea to quash case against ex-HCA chief

Justice Anil Kumar Jukanti of the Telangana High Court heard inconclusive arguments in a petition to quash a criminal case against former HCA president and Congress MLA G. Vinod under the Prevention of Corruption Act. The charges are related to alleged financial irregularities in the Hyderabad Cricket Association (HCA). The petitioner served as president of the HCA between 2012 and 2014. The petition was filed seeking to quash the proceedings pending before the Principal Special Judge for SPE & ACB Cases, Hyderabad. The petitioner contended that continuation of prosecution was unwarranted and sought parity by referring to a donation of `4.5 crore made by his company, asserting that such a contribution reflected bona fide conduct and absence of corrupt intent. The prosecution argued that the alleged donation was not part of the chargesheet or the complaint and therefore was not relevant to the case. When the judge inquired about the stage of trial, it was pointed out that nearly 90 witnesses were examined and that another accused had filed an appeal before a coordinate bench against dismissal of a similar quash petition. After recording the submissions, the judge posted the matter for further hearing.

HC dismisses case of electoral bribery

Justice Anil Kumar Jukanti of the Telangana High Court quashed criminal proceedings against Patancheru MLA Gudem Mahipal Reddy, initially belonging to the BRS, in a case alleging distribution of money to voters in the Assembly constituency. The petitioner contended that the complaint did not make out the ingredients of the offences alleged against him and that his implication rested solely on the confession statements of the co-accused, which could not be treated as admissible evidence in law. The judge observed that the mandatory procedure under Section 195 CrPC was not followed, as the case originated from a complaint by a flying squad team rather than a written complaint by a competent public servant to the magistrate. The judge noted that the alleged recovery of voter ID cards and cash, without proof of any voter being induced, did not establish the ingredients of electoral bribery. Holding that the complaint and chargesheet failed to disclose the essential ingredients of the alleged offences, the judge quashed the proceedings and allowed the criminal petition.

HC junks GENCO writ against Industrial Tribunal Award

Justice Nagesh Bheemapaka of the Telangana High Court upheld the award of the Industrial Tribunal, directing the Andhra Pradesh Power Generation Corporation (APGenco) to absorb contract workers engaged at the Kothagudem Thermal Power Station (KTPS). The judge was hearing a writ petition filed by TSGenco challenging the Industrial Tribunal-cum-Labour Court’s award directing the absorption of 12 contract workers employed through Fabcons, Paloncha, for annual maintenance of vapour fans and worm conveyors. TS genco contended that the works performed by the petitioners did not fall under the 33 abolished categories notified in the government orders and that the employees were not entitled to regularisation of service. It was argued that the tribunal had erred in treating them as part of the abolished category. The tribunal found that the workers were engaged in coal milling operations, one of the 33 abolished categories, and had been continuously working since 1987. Relying on documentary evidence and previous judicial precedents, it held that the denial of absorption amounted to unfair labour practice. Justice Bheemapaka observed that the High Court, while exercising jurisdiction under Article 226, cannot reappreciate evidence or act as an appellate court over findings of fact recorded by the Labour Court. Finding no legal infirmity in the Tribunal’s reasoning, the judge upheld the award and directed APGenco to absorb the workers.