WORKMAN KIRTAN SAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.N. Das, learned counsel for the petitioner and Mr. A.K. Mehta, learned counsel for the respondents. Petitioner impugned the order dated 25/08/1994 passed by the Central Government and communicated by the Desk Officer, whereby the industrial dispute raised by the petitioner has been refused to be referred to the competent Industrial Tribunal for adjudication on the ground that Medical Board which examined the concerned workman assessed his age and that is final. The concerned workman is the permanent employee of the respondent 4, Sendra Bansjora Colliery of B.C.C. Ltd. He received a letter from his employer in 1987 where his date of birth was mentioned as 7/08/1935. In his identity card his date of birth was mentioned as 1/07/1940. According to the concerned workman his actual date of birth is 7/08/1945. The workman raised objection and sought correction of his date of birth. Petitioner was subjected to Medical Examination by Medical Board. The Medical Board assessed the age of the petitioner as 51 years on 7/08/1986. The concerned workman through the recognized Union raised industrial dispute. The Central Government who is the appropriate Government refused to refer the dispute for adjudication on the ground that as per the implementation instruction of the JBCCI the age of the employee assessed by the Medical Board is final.

(2.) Prima facie it appears that the appropriate Government has committed error of law in so far as it entered into the merit of the dispute raised by the workman. It is for the Tribunal to find out whether the age assessed by the Medical Board is final as per the implementation instruction No. 76 of the JBCCI. Admittedly, the industrial dispute raised by the concerned workman with regard to his actual age is liable to be adjudicated by the Industrial Tribunal. The impugned order therefore cannot be sustained in law.

(3.) For the aforesaid reason, this writ application is allowed and the impugned order passed by the Central Government is set aside. The matter is remitted back to the Central Government, Ministry of Labour, New Delhi for passing fresh order of reference of the dispute m accordance with Law. Needless to say that the Government shall immediately refer the matter to the Tribunal for adjudication latest by December 31, 2002.