BHARAT COKING COAL LIMITED Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Special leave granted.

(2.) Jainarain Mahatha, respondent in the appeal herein, was working as pump operator in the service of the appellant-company. On 3/6/1986 the medical Board (Apex Medical Board) constituted by the appellant-management medically examined the respondent and certified that the respondent, on the date of examination, was 58 years of age. On the basis of the medical report the respondent was permitted to work with the management for another two years and on his attaining the age of 60 years he was retired from service in June 1988.

(3.) After retirement, the respondent, raised a dispute which was referred by the central government to the Industrial tribunal. The tribunal came to the conclusion that the Medical Board constituted by the management was not adequately equipped with scientific expertise and as such the age of the workman was not correctly determined by the Medical Board. In that view of the matter the tribunal directed that the workman be medically examined fromthe Civil Surgeon, Dhanbad for the purposes of determination of his age afresh. The writ petition filed by the management against the order of the tribunal was dismissed by the High court in limine.