MOHAN DOME Vs. EASTERN COALFIELDS LTD

JUDGEMENT

(1.) The brief facts as stated in the instant writ application are that the petitioner had joined the erstwhile Coal Company on or about 1968. At the time of entry into the erstwhile Coal Company, petitioner declared his date of birth as 1st July, 1945 which petitioner claims was duly recorded in the original 'B' Form and in other records. Later on, the said date of birth was also incorporated in the Coal Mines Provident Fund Register. The account of which was numbered as B/62533. According to the petitioner, after passing the Mining Sirdar Examination, he became a Mining Sirdar. The Manager of the Colliery duly recorded the date of birth of the petitioner as 1st July, 1945 in the application for Mining Sirdar Examination which date was also recorded in the Mining Sirdar Certificate. The petitioner further states that accordingly he had all along been under bona fide belief that date of birth has been correctly maintained in the office records as on 1st July, 1945.

(2.) It is, therefore, the contention of the petitioner he would attain the age of superannuation viz., 60 years on 1st July, 2005.

(3.) Subsequent to the nationalization of the erstwhile Company in the year 1973, the petitioner's service came under the respondent No. 1. It is the case of the petitioner that he came to know from Service Record Excerpt that the date of birth was recorded in the 'B' Form as 4th March, 1937. Based upon the said record, the respondent employer took steps to superannuate the petitioner on and from 4th March, 1997. Thereupon, the petitioner filed a suit for declaration and permanent injunction before the Court of learned 2nd Munsif at Assansol which was registered as T.S. No. 12 of 1996. The suit upon contest was decreed on 27th November, 1996. Copy of the judgment and decree dated 27th November, 1996 in the said T.S. No. 12 of 1996 is annexed and marked as annexure 'P'.