RAM NANDAN PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed seeking implementation of an award dated 5.8.2011 passed in Reference Case No. 2/2010 by the Industrial Tribunal, Patna on reference made by the State Government in respect of certain dispute over actual date of retirement of the petitioner. The petitioner claims to have been appointed on the post of Mali in Patna Municipal Corporation on 9.2.1984. He is said to have submitted a school leaving certificate indicating his date of birth as 24.11.1957. However, it is the petitioner's case that all of a sudden, Memo No. 1631 dated 18.12.2007 was issued by the Chief Executive Officer of Patna Municipal Corporation and he was being made to retire w.e.f. 30.11.2007, treating his date of birth to be 24.11.1947.

(2.) The petitioner, thereafter, filed a writ application before this court vide CWJC No. 4769/2008, which was permitted to be withdrawn by an order dated 5.9.2008. It is indicated at the very beginning that there is no pleading in the present writ application that the petitioner had earlier approached this court by filing CWJC No. 4769/2008, which was withdrawn by the said order dated 5.9.2008. In the said writ application, the petitioner had raised the same grievance regarding wrong entry of his date of birth and action of the respondents asking him to retire w.e.f. 30.11.2007. It appears that petitioner had approached the authorities under the Industrial Disputes Act and a conciliation proceeding was also conducted in the Court of Deputy Labour Commissioner, Patna. From the letter dated 14.9.2009 issued by the Deputy Labour Commissioner-cum-Conciliation Officer, Patna, addressed to the Principal Secretary, Labour Department, Government of Bihar it appears that the Patna Municipal Corporation was represented in the conciliation proceeding and a plea was taken that the petitioner had approached this court for the same purpose. Conciliation proceeding was, therefore, kept in abeyance for some time awaiting decision of this court. As has been indicated above, the writ application was permitted to be withdrawn and dismissed accordingly vide order dated 5.9.2008. From the said order dated 14.9.2009, it will appear that the petitioner informed the Conciliation Officer that he withdrew the writ application at the behest of Patna Municipal Corporation. Subsequently, by a notification dated 15.2.2010 issued by the Labour Resources Department, Government of Bihar, a reference was made under Section 10(2A) of the Industrial Disputes Act to Industrial Tribunal, Patna referring the following dispute:--

(3.) Finally the award in reference case No. 2/2010 came to be passed on 5.8.2011 which reads as follows:--