JAGIR SINGH Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The present petition has been filed by one Jagir Singh praying, inter alia, for a Writ of Mandamus commanding the Respondents to cancel the Service Excerpt Form and the notice of superannuation and to forbear the Respondents from interfering with the service of the Petitioner and to grant other consequential reliefs.

(2.) It is stated in the petition that the Petitioner entered into the service of the then management of Loafna Coal Co. Ltd. as leader on June 6, 1962. In the year 1973 the aforesaid Bengal Coal Co. was nationalised and the Petitioner's service was ultimately transferred to the Respondent Eastern Coalfields Ltd. It is further stated that as per the prevailing practice, the Petitioner declared the date of birth as August 2, 1942, and the said year of birth was accepted and recorded in the service book, Identity Card and in the Provident Fund Records. It is alleged that the age of every workman as recorded in the Form 'B' Register is also marked in his Identity Card. 'The Petitioner's date of birth was duly recorded in Form 'B' Register and Coal Mines Provident Fund Register" and in all other relevant registers. In the year 1987 the Petitioner was asked to verify the service excerpts form prepared by the management on the basis of the documents as available and the Petitioner found that, the date of birth was mentioned as 1932. The Petitioner forgot to raise any objection and submitted the said excerpts form, and the copy of the service excerpts is annexed and marked as Annex. 'B' to the writ petition. The Petitioner further made a representation before the authority concerned to correct the date of birth and the said representation has not been considered. Ultimately, the Petitioner received the notice of superannuation, and being aggrieved thereby he has come to this Court challenging the notice of superannuation.

(3.) Mr. P. K. Chatterjee, appearing for the Petitioner has drawn the attention of this Court to the Implementation Instruction No. 76 regarding the procedure for determination/verification of the age of the employees. Clause (iv) of the said Instruction, 1976, provides, inter alia, that in the cases of appointees not covered under the foregoing clauses, the date of birth will be determined by the Colliery Medical Officer keeping in view any documentary and other relevant evidence as produced by the appointee. Date of birth as determined shall be treated as correct date of birth and the same will not be altered "under any circumstances. Mr. Chatterjee has highlighted that in terms of the instruction the age of the Petitioner should be corrected by the Age Determination Committee or his case should be referred to the Colliery Medical Board.