EMPLOYERS IN RELATION TO THE MANAGEMENT OF MALKERA COLLIERY OF TATA IRON AND STEEL COMPANY LTD Vs. CONCERNED WORKMAN RAM LAKHAN DUSADH

JUDGEMENT

(1.) In spite of service of notice upon the sole Respondent, he has not chosen to appear even today, though this case was adjourned on several dates to enable his appearance. As such, this writ application is taken up for disposal at the stage of admission itself on the merits of the writ application.

(2.) The petitioner, in this writ application, has challenged the Award dated-23.01.2004, of the Presiding Officer, Central Government Industrial Tribunal No. 2, Dhanbad, passed in Reference Case No. 105 of 1998, whereby the learned Tribunal has answered the Reference in favour of the concerned workman and against the sole Respondent.

(3.) From the facts stated, It appears that the concerned workman, Ram Lakhan Dusadh was originally appointed as a permanent Miner against permanent vacancy at Malkhera Colliery of M/s. TISCO on 11.06.1970 and at the time of his entry in service, on the basis of his declarations regarding his date of birth, the same was recorded as 08.07.1930 in his service records. Later, upon a dispute raised by the workman regarding the correctness of the entry of his date of birth in his service records, the Management referred him for his medical examination for determination of his age by the Medical Board. The Medical Board assessed the petitioner's age and the corresponding date of birth as 17.04.1937. In consonance with the assessment made by the Medical Board, the workman's date of birth in his service records was corrected and recorded as 17.04.1937. However, the corresponding correction in his Mining Sardar Certificate, was not made and the certificate continued to maintain the date as 08.07.1930.