BIHAR ELECTRICITY BOARD Vs. BIHAR POWERS WORKERS UNION

JUDGEMENT

(1.) HEARD counsel for the parties. The sole grievance in this appeal is with regard to determination of age of the concerned workman. The Medical Board found him to be between the age of 58 and 60, but the Board pursuant to its circular determined his age to be 59. Reliance has also been placed upon a judgment of a learned single Judge of this Court dated 10 -2 -1998 in C.W.J.C. No. 12864 of 1996 (Bhairo Singh vs. The Bihar State Electricity Board & others) wherein it was held that in such circumstances the Board should accept the average of the minimum and maximum age determined by the Medical Board. Following this principle, counsel contends that the Board has 'rightly determined the age of the concerned workman as 59 years. As against this, there is a judgment of a Division Bench of this Court dated 5 -3 -1998 in L.P.A. No. 1532 of 1997. The Division Bench held that the employee should get the benefit of lesser age determined by the Medical Board under such circumstances. Apart from the fact that the learned Judge was bound by the decision of the Division Bench, we also find ourselves in respectful agreement with the principle laid down by the Division Bench.

(2.) WE , therefore, overrule the decision dated 10 -2 -1998 passed in C.W.J.C. No. 12864 of 1996. Counsel submitted that since the decision of the Board was based on a provision of the Circular issued by the Bihar State Electricity Board, no exception can be taken to the decision of the Board. In our view, if the Circular of the Board does provide as contended by counsel for the appellant -Board, the Board must take immediate steps to amend its Circular.