ZAFAR KHAN Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) THIS appeal has been preferred at the instance of the writ petitioner challenging the decision of the learned Single Judge whereby and whereunder the said learned Judge refused to adjudicate the grievances of the writ petitioner on merits on the ground of lack of territorial jurisdiction of this Hon'ble Court. Learned Single Judge specifically held that this Hon'ble Court is lacking territorial jurisdiction to entertain and try the writ petition filed by the appellant herein.

(2.) BEFORE proceeding further, facts mentioned in the writ petition are briefly narrated hereunder: -The appellant/writ petitioner was initially employed in the bengal Coal Company Limited as Pump Operator and the said appellant declared his date of birth as 14th February, 1948 at the time of initial appointment in the service. According to the appellant, the aforesaid date of birth was accepted and recorded in the Service book and in the Provident Fund Records of the said company, which are still lying in the office of the Coal Mines Provident Fund authorities and also in the Head Office of the Eastern Coalfields limited at Sanctoria, Burdwan.

(3.) IT has been submitted on behalf of the appellant that after nationalisation of the aforesaid company steps were taken for preparation of the service records of its employees and in course of preparation of service records, several disputes arose with regard to recording of the age of the employees. In order to resolve the said disputes, several instructions and guidelines were issued by the competent authority from time to time. A committee, namely Age Determination Committee was also constituted to resolve the aforesaid age disputes.