EASTERN COALFIELDS LTD. Vs. RAM SAMUGH YADAV

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.10.2010 passed by the Calcutta High Court in W.P. No.215 of 2006 by which the High Court allowed the said appeal preferred by respondent no.1 herein and directed the appellant to insert the correct date of birth of respondent no.1 in his service book and all other documents including provident fund records i.e. 15.07.1954 instead of 01.07.1945, the appellant - employer has preferred the present appeal.

(2.) It is required to be noted that respondent no.1 joined service in the year 1973. His date of birth was recorded as in the year 1945 both in the form register which can be said to be statutory document as well as in the pension form.

(3.) One year prior to his superannuation, respondent no.1 raised the issue of incorrect entry of his date of birth in the service records and he further stated that his date of birth should be 15.07.1954 relying upon his matriculation certificate. The same prayer was not accepted by the employer. Therefore, respondent no.1 approached the High Court but the learned Single Judge dismissed the writ petition filed by him. Being aggrieved, he preferred an appeal before the High Court which came to be allowed.