MANIK PAUL Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The present appeal at the instance of the writ petitioner Manik Paul has been directed against the judgment dated 6th June, 2013 rendered by the learned Single Judge dismissing Writ Petition No. 761 of 2012.

(2.) The petitioner's contention in the aforesaid writ application is that his father Gedu Paul who was working as peon in Monohar Bohal Colliery died in harness on 5th July, 2008. The said Colliery was taken over by the Eastern Coalfields Limited which is under the management and control of the Central Government. On 24th September, 2008 the petitioner's mother made an application before the respondents for providing employment to the petitioner on compassionate ground. For the purpose of determining the age of the petitioner he was subjected to medical examination in the State Sub-Divisional Hospital at Asansol on 18th August, 2009. After examining the petitioner the Medical Board certified that his approximate and apparent age appeared to be 33 to 34 years. On 11th June, 2010 the petitioner's age was assessed by the Area Medical Board at Salanpur as 37 to 42 years. Vide letter dated 8th July, 2010 the respondents informed the petitioner that his employment file cannot be processed under the provision of National Coal Wage Agreement since he had crossed the age of 35 years on the date of death of his father. After receiving the respondent's aforesaid letter the petitioner requested them by his letter dated 19th July, 2010 to arrange for a further medical examination. Pursuant to his request, the petitioner was examined by the Apex Medical Board on 3rd February, 2012 and on the basis of the report of the aforesaid Medical Board his claim for employment was rejected on the ground that he was above the required age of 35 years on the date of his father's death. The petitioner assailed the finding of the Medical Board with reference to his Identity Card issued by the Election Commission of India and his PAN Card where his date of birth has been mentioned as 1st January, 1975. The petitioner averred that since his age was assessed by two Medical Boards of the Eastern Coalfields Limited who arrived at two different findings regarding his age, he should be subjected to further medical examination in a government hospital for assessment of his age.

(3.) The Respondent No. 2 Eastern Coalfields Limited contested the writ petition by filing affidavit in opposition wherein it has been contended that the service excerpt of the petitioner's father which was prepared on 19th March, 1987 mentions the petitioner's age as 17 years so his age on the date of his father's death was 38 years. The further contention of the respondent is that the National Coal Wages Agreement VIII was in operation in the year 2008 when the petitioner's father died. As per the said Agreement the dependent of deceased employee must be physically fit for employment and his age must not exceed 35 years. As the petitioner was above 35 years of age on the date of his father's death, he is not entitled to employment on compassionate ground.