GORELAL Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The petitioner herein has called in question the legality, validity and correctness of order dated 05/7/8/2010 (Annexure-P/1), passed by the respondent No.3, by which the petitioner's date of birth has been determined by the Age Determination Committee (for short "ADC") pursuant to the direction issued by this Court in WPS No. 2216 of 2009 (Gorelal v. South Eastern Coalfields Limited and others) decided on 3/5/2010, directing the ADC to determine the correctness of petitioner's age.

(2.) The case of the petitioner is that his date of birth is 10/8/1957, but he was served with a notice dtd. 25/1/2009 by the respondents to retire w.e.f. 31/7/2009, leading to filing of WPS No.2216 of 2009 before this Court on 27/4/2009 questioning the age of petitioner proposed in the aforesaid notice of retirement dtd. 25/1/2009, in which this Court directed the respondents-SECL to determine the correct age of the petitioner, which has now been decided by impugned order dated 05/7/8/2010 (Annexure-P/1) holding that the petitioner has only filed the document i.e. the Primary School Mark-sheet/Certificate which is not a classified document as per Para (B)(i)(a) of the Implementation Instruction No.76 issued under the National Coal Wage Agreement and the date of birth of the petitioner as recorded in Form-B is in accordance with law, which decision is called in question in this writ petition.

(3.) Return has been filed by the respondents-SECL stating, inter-alia, that the date of birth determined by the ADC is in accordance with law and no interference is called for by this Court.