Telangana High Court to Rule on Employment Rights for 103 Workers

The Telangana High Court is set to deliver a critical ruling on November 4, 2023, regarding the employment status of 103 workers from the Singareni Collieries Company Limited (SCCL). The court will decide whether these employees, who are seeking reclassification for the benefit of their dependents, will be granted the right to jobs due to their medical conditions. This decision follows a thorough hearing of writ appeals addressing the categorization of medically unfit workers.

A panel, consisting of Chief Justice Aparesh Kumar Singh and Justice G.M. Mouhiuddin, is reviewing these appeals, which challenge a previous ruling by a single judge. That ruling instructed the SCCL and Gandhi Medical Hospital to reassess medical reports, distinguishing between temporary debility and permanent disabilities. Under the National Coal Wage Agreement-VI (NCWA-VI), SCCL has a dependent employment scheme that offers jobs to family members of employees deemed medically unfit due to permanent disabilities, as outlined under Clause (i) of Paragraph 9.4.0.

The 103 employees in question were classified under Clause (ii), which pertains to general physical debility or temporary weakness, thus disqualifying them from dependent employment benefits. They argue that their medical conditions, including serious permanent disabilities like limb amputation and vision loss, were misclassified as general debility. During the previous hearing, the single judge noted clear instances of permanent disability and stated that those with such conditions should be classified under Clause (i) to enable dependent employment.

SCCL has requested additional time to clarify the procedures followed over the past decade regarding Clause 9.4.0 of the NCWA-VI, leading to a postponement of the matter for further consideration.

Legal Developments Impacting Education and Employment

In a separate matter, Justice Surepalli Nanda of the Telangana High Court has temporarily halted the eviction of Radiant High School, ensuring that the educational institution remains operational during the academic year. This ruling follows a writ plea filed by several minor students, who argue that the eviction violates their fundamental rights under the Constitution and would unjustly affect their right to education.

The petitioners noted that the school has been functioning for several years on property involved in a civil suit, with eviction proceedings initiated by Iman-E-Zamana Mission, a charitable organization. The judge acknowledged the potential hardship for 750 students, particularly those from economically disadvantaged backgrounds, if the school were to be evicted mid-year. Justice Nanda emphasized the importance of maintaining educational stability for the children and granted a stay on the eviction proceedings until November 14, 2023, with a hearing scheduled for November 4, 2023.

Termination of Construction Contract Upheld

Additionally, Justice B. Vijaysen Reddy dismissed a writ petition from M/s Challa Infra Projects Pvt. Ltd, concerning the termination of a contract for the Road Corridor Improvement project in Warangal Smart City. The contractor argued that the termination was unjust and based on delays attributed to the COVID-19 pandemic, among other factors.

The court heard that the petitioner had previously received extensions for the project but had still failed to complete the work in a timely manner. The judge concluded that the contractor had been given ample opportunity to address the delays and upheld the termination decision, emphasizing the need for accountability in public contracts.

Seniority Dispute Resolved

In another ruling, Justice Nagesh Bheemapaka reaffirmed that established seniority rights cannot be altered after a significant delay. The judge dismissed a petition from G. Sailaja Kumari, who sought retrospective seniority benefits under the District Selection Committee (DSC)–2012 recruitment process.

Kumari contended that she had been unfairly deprived of benefits due to her later appointment compared to her colleagues. However, the court found that her request came nearly six years after her appointment without adequate justification for the delay. The judge noted that granting such a request would adversely impact other teachers and upheld the rules that define seniority based on the actual date of joining.

These judicial decisions reflect the ongoing balance between employee rights, educational access, and public accountability in Telangana, with significant implications for those affected by these rulings.