ELPULA BHOOMAIAH Vs. SINGARENI COLLERIES CO LTD

JUDGEMENT

(1.) Singareni Collieries is the largest State-owned public sector undertaking in Andhra Pradesh. It provides employment to skilled, semi-skilled and unskilled workers, and supplies fossil fuel to several important organizations. The principal contribution to the wealth of the company is by the persons working in the mines, who are mostly Badli Fillers and employees of similar category.

(2.) The work of a Badli Filler involves ardent physical labour. Hardly any person with average education also opts for such post. It is only the school dropouts and illiterates that are recruited for the said posts. Almost as a matter of course, there do not exist any proof of date of birth for such persons. Once a candidate is found physically fit, he is subjected to medical examination for general check up as well as for determination of his approximate age. The date of birth of the candidate is arrived at by subtracting the age, so determined, from the date of selection or date of examination. For example, if a candidate is selected on 01.07.1975 and age is determined at 23 years, his date of birth is shown as 01.07.1952. Such pattern is followed through out. The date of birth so arrived at is first entered in the service register, which is a small booklet and then in the B-register, which is required to be maintained under the Mines Act. The age of superanuation for such employees is 60 years.

(3.) The Petitioner joined the service of Singareni Collieries on 13.06.1978. Since he did not have any proof of his age, the medical practitioner of the company assessed his age to be 25 years. The said age and the corresponding date of birth are mentioned in all the concerned records including B-register.