LAWS(MPH)-2013-5-165

WESTERN COALFIELDS LTD & ANR Vs. FAGGULAL

Decided On May 15, 2013
Western Coalfields Ltd And Anr Appellant
V/S
Faggulal Respondents

JUDGEMENT

(1.) The appellants have filed this appeal being aggrieved by the order dated 7.5.2013 passed by the learned Single Judge in W.P. No. 10609/2012 whereby the petition filed by the respondent/petitioner for treating his date of birth to be 1.2.1955 instead of 1.9.1952 has been allowed on the ground that the impugned order has been passed without considering the mandatory Implementation Instruction no. 76. It is submitted that the impugned order has been passed allowing the petition simply on the basis of a report submitted by the Directorate General of Mines Safety, dated 16.1.2013.

(2.) The learned counsel appearing for the appellants/ respondents submits that at the time of inducting the petitioner/respondent in the employment in the year 1975, the date of birth of the petitioner/respondent in the service records of the appellants/respondents was recorded as 1.9.1952. However, subsequently the petitioner/ respondent filed its matriculation certificate as well as in the Sirdar's certificate in the year 1984, in which his date of birth was mentioned as 1.2.1955. The respondent thereafter filed a representation for change of his date of birth and during its pendency, the petitioner has filed this writ petition after his superannuation from service on 31.8.2012.

(3.) It is submitted that the learned single Judge on the basis of a report of the Directorate General of Mines Safety wherein it has been stated that as per their records, the date of birth of the respondent was 1.2.1955, has allowed the petition treating the same to be binding in view of the Implementation Instruction No. 76. It is submitted that the learned single Judge has failed to take note of the fact that Clause (B) (ii) of the Implementation Instruction No.76 clearly stipulates that the Mining Sirdarship, Winding Engine or similar other statutory certificates would be treated authentic where the Manager has certified the date of birth. It is submitted that a perusal of the Mining Sirdarship certificate submitted by the respondent/petitioner Annexure P/4 alongwith the petition clearly establishes that the certificate was not certified by the Manager and therefore, the same could not have been treated as authentic under Clause (B) (ii) of Implementation Instruction No. 76.