MAYA DEVI Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) ADMITTEDLY , Ram Swamp Agarwalla was employed in Kuya Colliery, Jharia, of M/s. Bharat Coking Coal Limited as a Cashier. The Manager of the Colliery vide letter dated 8.5.1982 informed him that he was going to retire on 3.11.1982 on completion of sixty years of age. In the records of the colliery, his date of birth stood recorded as 4.11.1922.

(2.) A reply to the aforesaid letter was sent on 2.9.1982 that his actual date of birth was 25.12.1927 and as such the decision to retire him from 3.11.1982 was absolutely wrong and baseless. Again on 4.10.1982, request was made to the Area Manager of M/s. B.C.C.L Area No. 9 not to retire him from 3.11.1982 and to take early decision in the matter.

(3.) DEFENDANTS contested the suit stating that the plaintiff was an employee of M/s. B.L. Agarwalla Colliery, Jharia, and after nationalisation of the said colliery, he became an employee of M/s. Bharat Coking Coal Limited and was posted as a Cashier in Kuya Colliery. He never informed about any horoscope or about his date of birth as 25.12.1927. Such date was never entered in the records. Plaintiff had himself declared his date of birth as 4.11.1922 in his own handwriting and on that basis the said date was recorded in the identity card.