EASTERN COALFIELDS LTD Vs. SUDHAMOY GORAI & ORS

JUDGEMENT

(1.) I entirely agree with the judgment and order to be pronounced by my sister Amrita Sinha, J. What is crucial is that the respondent has a Higher Secondary qualification obtained in a supplementary examination in December, 1979. The admit card for that examination recorded his date of birth as 9th June, 1958. When the respondent was employed by the appellant, as trainee in 1982 and permanently from 30th March, 1983, his date of birth with the appellant was recorded as 9th June, 1958, based on the above evidence. The conditions of service (Implementation Instruction No.76) of the appellant make it plain that the date of birth of an employee recorded in the Higher Secondary examination Certificate issued prior to the date of employment should be taken as correct. Furthermore, ordinarily an age dispute should not be raised by the employer unless there is a glaring mistake in the records.

(2.) In this case the respondent's higher secondary certificate was issued prior to his date of appointment. Therefore, in my opinion, the appellant wrongly subjected the respondent to an age determination test by the medical board. They had no jurisdiction to do so. This whole exercise was wrongful, arbitrary and capricious.

(3.) The date of birth of the respondent has to be accepted as 9th June, 1958. His retirement taking his date of birth as 28th February, 1950 was premature and wrongfully announced and effected by the appellant. He is deemed to have been in service till the date of his retirement taking his date of birth as 9th June, 1958.