ABDUL MANNAN Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) THIS application has been preferred by the petitioner for a direction on respondents not to act in any manner whatsoever against their Tripartite Settlement arrived at between authorities of respondent No. 1 in one hand and the authorities of the Union of the petitioner and the Assistant Labour Commissioner (Central) at Dhanbad on the other hand wherein the settlement has been arrived at, that the date of birth of the petitioner henceforth shall read as 1st July, 1942, as decided in Tripartite Settlement dated 2.2.1998 vide Annexure - 1.

(2.) ACCORDING to the counsel for B.C.C.L. a notice of termination of settlement was issued by the Chief General Manager, Kustore Area on 18th January, 2000 whereby it was pointed out to the General Secretary, Kiolya Ispat Mazdoor Panchayat. Jharia, that the Management Representative wrongly agreed to correct the date of birth of the aforesaid workman Abdul Mannan in contravention of provision of Clause 37 of Certified Standing Order circulated by JBCCI circular No. I.I. 76 in arbitrary manner on the wrong assumption that the age 32 years recorded in Form B Register was in the year 1974 and not on 15th October, 1968, when the workman was appointed.

(3.) RELIANCE was also placed on Bombay High Court decision in Maruti Mahipati Mul -lick and Anr. v. Poison Ltd. and Anr., reported in 1970 LIC 308.