A RAJA MURALI Vs. SINGARENI COLLIERIES

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Mandamus declaring the proceedings Ref.No.RGI/Gdk 1/W-03/04/984, dated 26.03.2004, issued by the respondent- Singareni Collieries Company Limited, determining the age of the petitioner as 25 years as on 12.01.1971 and fixing the date of superannuation as 31.01.2006, as illegal and arbitrary and consequently to direct the respondent-Company to rectify the same and incorporate the date of birth of the petitioner in his service records as 10.02.1950 and permit him to continue in service up to 31.01.2011.

(2.) The petitioner was initially appointed as Badli Coal Filler casual worker in the respondent-Company, vide order No.K2/Est/4/71/803, dated 22.04.1971. The case of the petitioner is that in the school records his date of birth was mentioned as 10.02.1950 and as per the said entry he was aged about 21 years as on the date of joining in the respondent-Company, but the respondent-Company mentioned his age as 25 years instead of mentioning it as 21 years in his service register. His case is that the recruiting officials neither asked him to produce his date of birth certificate nor school leaving certificate in proof of age, and they themselves by looking at him made self assessment and incorporated his age as 25 years in his service register, which was not communicated to him at any point of time. His further case is that during his service, he passed various examinations under the Mines Act and under Coal Mines Regulations 1957 and obtained Shot Firer's Certificate, SIRDAR Certificate and Overman's Certificate and in all the said certificates his date of birth was mentioned by the Chairman of Board of Mining Examinations as 10.02.1950 and that after joining the respondent-Company, he passed SSC and in the said certificate also his date of birth was mentioned as 10.02.1950. The case of the petitioner is that the respondent-Company issued proceedings dated 26.03.2004 assessing his age as 25 years and fixing his date of superannuation as 31.01.2006 instead of fixing the same as 10.02.2010. Questioning the said proceedings, the petitioner filed the present writ petition.

(3.) The respondent-Company filed counter affidavit denying the allegations of the petitioner and stating that the petitioner joined the respondent-Company as illiterate and he did not produce any evidence at the time of his entering into service as proof of his age, as such, as per the rules and practice in vogue, at the time of appointment the petitioner was examined by the Company's Medical Officer and his age was assessed as 25 years as on 12.01.1971 and the same was entered in his service book and the petitioner also affixed his thumb impression in the service book as a token of acceptance. The petitioner has intentionally got entered his date of birth as 10.02.1950 while possessing the Shot Firer and other statutory examinations and subsequently the same was entered in other service records. Their case is that in consonance with the JBCCI guidelines, the respondent-Company issued circular dated 23.11.2001 and as per the said guidelines in respect of cases of mining staff whose date of birth entered in statutory certificate basing on the SSC/HSC/Matriculation/SSLC certificate, acquired after joining the company or on the basis of any transfer certificate or otherwise and varying with the age mentioned in company records, the date of birth/age mentioned in company records at the time of initial appointment shall be treated as authentic and final and employee will be made to retire accordingly. The case of the respondent-Company is that since there is variation in the age recorded in the records of the company, the petitioner was called for determination of age by Area Age Determination Committee on 08.01.2004 and the said committee assessed and confirmed his age as 25 years as on 12.01.1971 and accordingly notice dated 26.03.2004 was issued to the petitioner informing the date of his superannuation as 31.01.2006. The petitioner acquired the SSC certificate in the year 1974 i.e., after joining in the respondent-Company.