LAWS(MPH)-2009-5-62

KESHAV RAM Vs. SOUTH EASTERN COALFIELDS LTD.

Decided On May 14, 2009
KESHAV RAM Appellant
V/S
SOUTH EASTERN COALFIELDS LTD. Respondents

JUDGEMENT

(1.) HEARD finally with the consent of the learned counsel for the parties.

(2.) PETITIONER is an employee of South Eastern Coalfields Ltd. He was initially appointed on 19.6.1990 as Piece Rated Loader. Thereafter, he was appointed as Time Rated Loader in the year 1993. His case is that although correct date of birth is 10.1.1057, the same has been wrongly recorded with the employer as of the year 1949. Petitioner had passed the examination of 8th class as revealed in the certificate Annexure P-2 wherein the date of birth of the petitioner has been mentioned as 10.1.1957. As per the instructions contained in Annexure P-5, an employee who is non- matriculate, the date of birth recorded in the school leaving certificate shall be treated as correct date of birth and the same will not be altered under any circumstances. The school leaving certificate is on record as Annexure P-6 wherein the date of birth of the petitioner is recorded as 10.1.1957. This instruction being binding on the respondents, the petitioner has a right to seek rectification in accordance with the certificate.