MADHAV PRASAD Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) BY this petition under Article 226/227 of the Constitution of India, the petitioner has challenged the impugned notice dated 26-6-2003 passed by respondent No. 3, whereby he has been directed that as he has completed 42 years of service, he would be superannuated on retirement with effect from 31-12-2004.

(2.) IT is stated that the petitioner joined his services on 19-12-1962. His date of birth as per the service record (Annexure P-1) is 1-7-1947. It is contended that the petitioner was appointed as adolescent in surface of Kumda sub area as category-I labour. Presently, he is working as Senior Loading Inspector of Kumda sub area. It is further contended that he will complete the age of 60 years on 30-6-2007 and as such he is entitled to continue till 30-6-2007. It is also contended that as per Section 2(1)(a) of the Mines Act, 1952, 'adolescent' means a person who has completed his 15th year but has not completed his 18th year. The pay slip of May, 2003 has been filed as Annexure P-3, wherein the date of birth of the petitioner is recorded as 1-7-1947 and there is no dispute about this. It is contended that so far as adolescent is concerned, this provision of employment was deleted with effect from 31-5-1984 and prior to it, it was a practice to employ adolescent. It is pointed out that Section 40 of the Mines Act has been amended and it is after the amendment the position is that now no person below 18th years of age can be allowed to work in any mine or part thereof.

(3.) COUNSEL for the petitioner contended that Annexure P-5, dated 1-2-1999 can not override the relevant provisions. The memo (Annexure P-5) namely stated that some cases have come to the knowledge that persons are rendering service more than 42 and 45 years. This matter may be looked into by the Company and considered. It does not lay down as a rule. It is for the Company to look into the matter, inquire into it and take such action. Merely on the basis of the said letter, the petitioner can not be retired when undisputedly his date of birth is 1-7-1947. Counsel further referred to the circular (Annexure P-6), Dated 13-2-1999 and also referred to notice dated 26-6-2003 issued by respondent No. 3 and contended that the notice is illegal and in contravention of law.