RAM PRASAD Vs. MANAGER OF SOUTH TISRA COLLIERY

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 a.m. onwards. They have no complaint in respect to the audio and video clarity and quality.

(2.) The petitioner has approached this Court for quashing the Award dtd. 13/10/2010 passed by the Presiding Officer, Central Government Industrial Tribunal, Dhanbad whereby and whereunder it is held that demand of Rastriya Colliery Mazdoor Congress from the Management of M/s BCCL for correction of the date of birth of Ram Prasad, Dumper Operator as 2/5/1949 in place of 1/7/1943 is not legal and justified.

(3.) As per factual matrix, the petitioner was initially appointed by the erstwhile National Coal Development Corporation Ltd. in the year 1968 at NCDC's Sudamdih Shaft Mine, as a General Mazdoor. At the time of his appointment in 1968 he had produced school leaving certificate and accordingly his date of birth was recorded as 2/5/1949 in the statutory records of the establishment. In the year 1974-75 the Management of Sudamdih of the then NCDC issued Identity Card to the concerned workman but the column of date of birth was left blank, although date of birth was available in the statutory records of the Sudamdih establishment. After receiving the Identity Card, the concerned workmen has been representing the Management to mention date of birth on the body of the Identity Card and also in his Identity Card Register but it has not been done. Hence, the petitioner approached the concerned Department of Central Government and the Central Government vide its Order No.L-20012/59/2003-I.R. (C-l) dtd. 18/8/2003, in exercise of the powers conferred by clause (d) of sub-sec. (1) and sub-sec. (2A) of Sec. 10 of the Industrial Disputes Act, 1947, referred the dispute for adjudication with following terms: