EMPLOYERS IN RELATION TO THE MANAGEMENT OF SUDAMDIH SHAFT MINE Vs. THEIR WORKMAN SMT. GULABIA DEVI, SECURITY GUARD

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing and heard at length. Concerned lawyers have no objection with regard to the proceeding which has been held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality and after hearing at length, the matter is being disposed of finally.

(2.) Petitioner-Management has approached this Court with a prayer for quashing the Award dtd. 30/12/2009, passed by Central Government Industrial Tribunal I, Dhanbad whereby and whereunder the Reference has been answered in favour of the workman holding that action of the management in having recorded date of birth of the concerned workman as 27/2/1950 is not justified and has also been pleased to hold that age/ date of birth of the concerned workman-respondent is 11/7/1958.

(3.) Case of the petitionerManagement is that Raghu Bhuia, who was appointed on 10/7/1980 in the employment of Sudamdih Shaft Mine as Piece Rated Miner, died in harness on 25/9/1992 at Central Hospital, Dhanbad. After his death, his widow Smt. Gulabia Devi applied for her appointment under Clause 9.3.2 of N.C.W.A.-V and was appointed as a Security Guard on 24/4/1993 at Sudamdih Shaft Mines of E.J. Area, BCCL. Since said Smt. Gulabia Devi was an illiterate, her age was to be determined in terms with the Circular No. CIL/ NCWA-III/ I./I. No. 76/88/ 145, dtd. 25/4/1988 and accordingly, she was referred to the Medical Examination Board of Sudamdih Project and on 27/2/1993, her age was found to be 43 years implying her date of birth to be 27/2/1950, which is also mentioned in the Statutory Form-B Register as also in Service Excerpts and other records of the Company, duly acknowledged by her by putting thumb impression without any protest. On 24/12/2002, i.e. almost after ten years of her joining, she made a complaint before the Employer regarding correction in date of birth, but the same was not considered. Being aggrieved, the sponsoring Union namely Rashtriya Colliery Mazdoor Sangh raised an industrial dispute, which also ended in failure and the report of failure of conciliation was submitted before the appropriate Government. After failure of conciliation, the appropriate Government, by reasons of order dtd. 10/11/2003, referred the dispute before the Presiding Officer, Central Government Industrial Tribunal for adjudication with the following terms of reference: