JALIL MIAN Vs. BCCL

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing the notice dated 19.11.99 issued by the respondent No. 5, the Manager, Industry, Dhansar Colliery, Dhanbad, whereby the petitioner was intimated that he would be retiring from the service of the respondent -company with effect from 12.5.2000 and further prayed for a declaration that the date of birth of the petitioner would be treated as 12.5.1949 instead of 12.5.40.

(2.) The petitioner is at present working as underground Munshi in Industry Colliery, Dhansar. According to him, his date of birth is 12.5.1949, He was appointed in the service of Industry Colliery in 1970 while it was a private colliery. In the service record, the date of birth of the petitioner was shown as 12.5.49. A copy of the alleged service record has been annexed as Annexure -1 to the writ application, It is contended that some interested and scrupulous persons have made cutting/interpolation in the service record of the petitioner and the date of birth was changed as 12.5.40 and on that basis, the impugned notice was issued by the respondents informing him that he would retire on 12.5.2000.

(3.) A counter -affidavit has been filed stating, inter alia, that the impugned notice was issued to the petitioner intimating him that he would retire on 12.5.2000 on the basis of date of birth recorded in the statutory Form register, which was prepared in terms of Section 48 of the Mines Act, 1942 -It is stated that at the time of appointment of the petitioner at Industry Colliery, the date of birth of the petitioner was recorded as 12.5.1940 which was duly acknowledged and signed by the petitioner in token of acceptance of entry in the statutory Form B register. It is further stated that in the year 1987 -88 when service records of all the workmen were being prepared and delivered to the workmen, the Dealing Assistant inadvertently mentioned the date of birth of the petitioner as 12.5.1949. However, at that very stage the mistake was corrected and the actual date of birth was recorded and the same was accepted by the petitioner without any objection.