WESTERN COALFIELDS LTD AND OTHERS Vs. BHAGWAN SINGH

JUDGEMENT

(1.) Being aggrieved by the order dated 25-07-2016, passed in the writ petition as well as the order dated 21-11-2016, passed in the review petition, the present appeal has been filed, where by the petition filed by the respondent employee has been allowed and the appellants have been directed to determine the date of birth of the respondent employee in accordance with the Instructions of the Company. The appellants have been directed to take a decision in regard to the date of birth after obtaining the report from the Age Determination Committee.

(2.) Appellant Western Coalfields Ltd.(WCL) is one of the Eight Subsidiary Companies of Coal India Limited, which is under the administrative control of Ministry of Coal. The Company is incorporated under the Companies Act, 1956. The respondent, who is a workman of the appellant company filed a writ petition contending that his date of birth is 11-01-1960 and not as 22-06-1956, as entered in all the official records of the appellant company. The respondent in support of his claim relied on a document purportedly issued by Bihar Vidyalay Pariksha Samiti (Annexure P-6) field alongwith the writ petition and one transfer certificate.

(3.) The appellants have relied on the service register, verification form, Form-B Register, LTC Form , copy of application for driving licence etc. to contend that the date of birth of the respondent employee is recorded as 22-06-1956 and submitted that the learned Single Judge has erroneously relied on Instruction No.76 and held that there is serious dispute about the date of birth of the respondent employee and therefore, the date of birth of the respondent employee requires determination by the Age Determination Committee.