LAWS(CAL)-2013-6-70

TARAPADA DHIBAR Vs. COAL INDIA LTD

Decided On June 26, 2013
Tarapada Dhibar Appellant
V/S
COAL INDIA LTD Respondents

JUDGEMENT

(1.) This is a very tricky age dispute concerning a worker of Eastern Coal Fields Ltd., the respondent No. 2. The question is whether the date of birth of this person is to be 1st July, 1953 or 5th November, 1959? The first annexure to the writ petition at page 17 is a certificate dated 5th November, 1953 issued by a Private Medical Practitioner of Dhanbad, certifying the above to be the date of birth of the writ petitioner.

(2.) It appears from the records of the second respondent, including service record books as produced by Mr. Haider, learned Counsel, that at least up to 1987 the date of birth of the writ petitioner in the records was entered as 1 st July, 1953 and those records were signed by him.

(3.) It is also on record that from that year onwards the write petitioner has been asserting that his date of birth was wrongly entered in the records of the second respondent and that it should be 5th November, 1959.