BRIJNANDAN THAKUR Vs. CENTRAL COALFIELDS LIMITED RANCHI

JUDGEMENT

(1.) HEARD the parties. Petitioner was employed as a Peon in Pipradih Colliery. A controversy arose about his date of birth and for that the Government of India, Ministry of Labour, in exercise of the powers conferred by section 10(1 )(d) of the Industrial Disputes Act, 1947 referred the following dispute to the Industrial Tribunal for adjudication : -

(2.) ON 31.8.1992 the Tribunal gave award (Annexure 3), whereby the Management was directed to constitute the Medical Board to examine the age of the petitioner. It was also observed that assessment of the Medical Board will be final and the petitioner's reinstatement will depend upon to assessment of age by the Medical Board.

(3.) IT is relevant to mention that in service register his date of birth was recorded as 14.3.1925, whereas he was claiming his date of birth to be 15.12.1938, on the basis of declaration in Form 'A' submitted to the C.M.P.F. Commissioner. Further Superintendent of Mines, Pipradih Colliery had also granted him a certificate in the year 1981, mentioning his date of birth as on 15.12.1938.