SOUTH EASTERN COAL FIELDS LTD Vs. MITHILESH SHARMA

JUDGEMENT

(1.) THIS writ appeal has been filed against the impugned order dated 18/8/2008 passed by the learned Single Judge in W.P. (S) No. 2157/2002 allowing the writ petition and quashing the order dated 5/9/2002 retiring the respondent from services on attaining the age of 60 years treating his date of birth as 2/10/1942 with effect from 31/10/2002. He was appointed at the age of 16 years and 9 months under the Mines Act, 1952.

(2.) THE brief facts of the case are that the respondent was appointed as casual/general Majdoor in Korba Colliery on 2-10-1960. At that time, his date of birth was disclosed as 10-1-1944. In the revised records pertaining to Coal Mine Provident Fund, his date of birth was entered as 10-1-1944. In Form B register, the same date of birth was also mentioned. He was to retire at the age of 60 years under the Certified Standing Orders applicable for non-executive employees framed in accordance with the provisions of Industrial Employment (Standing Orders) Act, 1946.

(3.) IN view of the above, it is clear that at the time of engagement, a person who has completed 15 years of age was no more a child. According to Section 45, there was restriction on engaging a child, therefore, a person, who is above the age of 15 years, meaning thereby who remained no more a child, could be engaged as there was no restriction on such engagement. Therefore, there was nothing unusual in the engagement of the respondent at the age of 16 years and 9 months.