JAGDISH PANDEY Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) SINCE the only grievance of the petitioner -appellant is that his actual date of birth is 1.03.1954 and said date has been mentioned in the statutory Form 'B' and he was issued Identify Card containing the same date of birth and in Provident Fund Record also the date of birth has been shown as 1.03.1954. It is submitted that in that view of the matter without calling upon the respondents even to dispute the facts alleged by the writ petitioner, the learned Single Judge dismissed the writ petition for deciding the dispute by the appropriate authority under the Industrial Disputes Act, 1957.

(2.) IT appears from the impugned order dated 9th January, 2012 that the writ petition has been dismissed only on the ground that petitioner has alternative remedy under the Industrial Disputes Act. Since the petitioner's claim is based upon the documents of the respondents' themselves and now learned counsel for the respondents submit that the petitioner straightway approached this Court without submitting any representation to the respondents, therefore, there is no occasion to consider the case of the writ petitioner and the respondents are ready to re -consider the matter and will decide the issue strictly in accordance with law and according to the material available on record.

(3.) BE that as it may be, it will be appropriate that the respondents who are ready to examine the case of the writ petitioner -appellant may first examine the matter according to the material available to them and if necessary they may obtain opinion of Medical Board. It is also appropriate that writ petitioner may be given full opportunity to put his case and file his representation within a period of one week from today and upon submitting his representation, the matter may be considered by the respondents and if the petitioner -appellant produces any other material to substantiate his claim that may also be considered and thereafter a decision may be taken within a period of one month thereafter. The decision may be brief reasoned order.