LAWS(JHAR)-2021-1-26

STEEL AUTHORITY OF INDIA LTD Vs. THEIR WORKMAN

Decided On January 14, 2021
STEEL AUTHORITY OF INDIA LTD Appellant
V/S
Their Workman Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner-Management has approached this Court with a prayer for quashing the Award dated 22.02.2016, passed by learned Labour Court, Bokaro in Ref. Case No. 14 of 2008, whereby, it has been held that the workman is entitled for full back wages along with all consequential benefits w.e.f. 01.07.2003 to his actual date of superannuation i.e. 30.11.2006.

(3.) The facts of the case lies in a narrow compass. The workman-Sri Dipti Ansari joined the services of petitioner-Management on 18.06.1981. Subsequently, he was dismissed from the services on 19.06.1986 on the ground of unauthorized absence from the work place. However, he was again appointed to the post of Casual Khalasi on 18.11.1991 with new Staff No. 687105. At the time of joining services on 18.11.1991, the workman submitted attestation form and P.D. form, wherein he disclosed his age as 45 years and date of birth as 04.06.1943. However, it was the case of the workman before the learned Labourt Court that as he failed to submit any certificate with regard to his date of birth, he was sent before the Medical Board for the purpose of assessment of his age and on the basis of assessment of his age by the Medical Board, he was supposed to superannuate from service on 30.11.2006 but petitioner-Management has prematurely retired him on 30.06.2003, changing his date of birth from 10.06.1951 to 04.06.1943. Aggrieved by the same, petitioner through his sponsoring Union raised an industrial dispute before the concerned Department of State Govt., which was referred to the Labour Court, Bokaro vide notification dated 03.07.2008 for adjudication by framing the following issue: