MADAMSETTY RAVINDER Vs. THE SINGARENI COLLIERIES COMPANY LTD.

JUDGEMENT

(1.) THIS writ petition is filed for a Writ of Mandamus declaring the action of the respondents in issuing impugned notice under Ref. No. RG2/GDK81NC/2013/908, dated 01.01.2013 reducing the petitioner's service by 26 months as on 30.06.2014 under the guise of superannuation as illegal, contrary to NCWAII -JBCCI age determination rules and violative of Section 9A & 12(3) of the Industrial Disputes Act and Articles 14 and 19 of the Constitution of India and consequently direct the respondents to rectify the error by incorporating the petitioner's date of birth as 08.08.1956 and continue him in service upto 30.06.2016.

(2.) HEARD Smt. G. Sudha, learned counsel appearing for the petitioner and Sri Nandigam Krishnarao, learned counsel appearing for the respondents.

(3.) IT is submitted by the petitioner that the respondents issued him the impugned notice dated 01.01.2013 directing him to retire on 30.06.2014. It is submitted that for the first time after service of the impugned notice the petitioner came to know that the respondent officials wrongly entered his aged as 28 years as on 26.06.1982 instead of 26 years as per his Transfer Certificate. The date of birth recorded by the officials of the respondent company is not in accordance with the school records and they perpetuated the wrong unilaterally as to which the petitioner has no knowledge at all. On the date of service of the impugned notice, the petitioner was working as Shot Firer in the respondent company.