MITHILESH SHARMA Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) THE petitioner impugns the validity of the entire proceedings resulting into issue of order dated 5/9. 5. 2002 ( Annexure P/5), whereby the petitioner was retired from service on attaining the age of 60 years from his birth date 2. 10. 1942. It is further prayed that the respondents be restrained from retiring the petitioner with effect from 31. 10. 2002.

(2.) THE indisputable facts, in nutshell, are that the petitioner was appointed as casual/general majdoor in Korba colliery on 2. 10. 1960. The date of birth disclosed at the time of appointment was 10. 01. 1944. Accordingly, in the service records as well as Coal Mines Provident Fund, the date of birth was entered as 10. 01. 1944. In form `b' register also, the date of birth of the petitioner was recorded as 10. 01. 1944. The date of retirement in case of the non-executive employees under the Certified Standing orders framed in exercise of powers under the provisions of industrial Employment (Standing Orders) Act, 1946, is 60 years. Thus, on the basis of his date of birth recorded as 10. 01. 1944 in all the service records, the petitioner ought to have been retired in January, 2004. The mark-sheet (Annexure P/1) issued by the Principal, Umairabad High school, Akhal, (Gaya), also indicates the date of birth of the petitioner as 10. 01. 1944. The petitioner was accordingly intimated by letter dated 4. 8. 1987 (Annexure p/3) that his date of birth is 10. 01. 1944. The petitioner was thereafter promoted to the post of Time Keeper on 12. 11. 1994 (Annexure P/4 ). The petitioner was appointed as adolescent as at the time of appointment, his age was 16 years 9 months. Section 1-A of the Mines Act, 1952 provides for appointment on adolescent in under-ground mines on a certificate being issued from the Civil Surgeon. Thus, the petitioner was duly appointed in accordance with law. Without any enquiry, the petitioner received the impugned letter whereby the date of birth was treated to be 2. 10. 1942 and accordingly, the petitioner was directed to take retirement with effect from 31. 10. 2002. The real date of birth i. e. 10. 01. 1944 which was recorded throughout in his service record including in form `b' register was changed without any rhyme and reason or without affording an opportunity of hearing to the petitioner and the petitioner was directed to be retired accordingly with effect from 31. 10. 2002. Thus, this petition.

(3.) LEARNED counsel appearing for the petitioner submits that the contention of the petitioner that the petitioner was a minor at the time of appointment, thus it is presumed that he must have been appointed on attaining the age of 18 years, accordingly the date of birth was determined, is without any basis. The Mines Act, 1952, at the time of appointment of the petitioner provided that appointment of adolescent in under-ground mine subject to production of certificate from Civil Surgeon. The adolescent is defined under the provisions of the Act, 1952. Accordingly, the petitioner was appointed as adolescent.