BHARAT COKING COAL LMITED Vs. SHIV NATH ROY

JUDGEMENT

(1.) Heard the parties.

(2.) This Second Appeal has been preferred against the judgment of reversal being the judgment and decree dtd. 1/5/2008 passed by learned Additional District Judge-XIII, Dhanbad, in Title Appeal No.131 of 2007 by which the learned first appellate court reversed the judgment of dismissal of the suit passed by the Additional Munsif-1st in Title Suit No.77 of 2003 and allowed the appeal on contest and decreed the suit and the declared the date of birth of the sole respondent to be 1/7/1955.

(3.) The brief fact of the case is that the respondent-plaintiff is the employee of the defendant-appellant company. He was appointed on 31/1/1973. At the time of his joining in capacity of Mining Sardar, he recorded his date of birth to be 6/5/1948. In this respect he filled up Form-B of the appellant-defendant- Company which has been marked Ext.A but it is the case of the plaintiff that his actual date of birth is 1/7/1955 and during the preparation of service record of the plaintiff, the date of birth of the plaintiff was wrongly recorded as 6/5/1948. The plaintiff requested the defendant for correction of the date of birth in his service records but the defendants refused the same. Hence, the plaintiff filed the suit for declaration of his date of birth to be 1/7/1955 and further declaration that the plaintiff is entitled to work with the defendant till 1/7/2015 and cost of the suit. The defendant contested the suit by contending that the plaintiff is a literate person and he is knowing pretty well that his date of birth is 6/5/1948 and voluntarily mentioned the said date of birth in the Form-B and also signed the same. Hence, prayed that the suit be dismissed.