TULSHI CHOUDHARY Vs. STEEL AUTHORITY OF INDIA LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) During the course of hearing, it is accepted that, pursuant to the communication dtd. 7/8/1998 (Exhibit-8), appellant-Tulshi Choudhary had submitted an application dtd. 2/9/1998 (Exhibit-9) requesting for correction of his date of birth as 3/10/1949. The appellant had enclosed copy of the matriculation certificate (Exhibit-1) and the certificate issued by the Government of Bihar to the effect that the appellant had undergone training in the Industrial Training Institute (Exhibit-2), wherein again his date of birth has been mentioned as 3/10/1949. The respondent M/s. IISCO Limited, now amalgamated with the Steel Authority of India Ltd. (SAIL), had earlier issued the communication dtd. 7/8/1998 (Exhibit-8) pursuant to National Coal Wage Agreement III implementation instruction No.76. The communication dtd. 7/8/1998 had stated that the date of birth of the appellant, as recorded in their records, is 14/9/1947 and in case the date of birth as recorded with them is wrong, the appellant may apply for change within the period stipulated therein.

(3.) In spite of the representation/written communication by the appellant dtd. 2/9/1998 enclosing the required documents, the respondents did not communicate or make any change. In these circumstances, the appellant was compelled to file a civil suit on 6/12/2005, when he was still in service, the age of retirement being 60 years.