MALINDO MARANDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner prays for quashing the memo dated 4.6.1999 (Annexure -A), whereby it has been communicated that the Central Government has refused to refer the dispute for adjudication after consideration in terms of Section 12 (5) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act).

(2.) THE petitioner by a communication dated 16.10.1998 made to the Assistant Labour Commissioner (C) sought to raise an industrial dispute regarding one Shri Raj Kumar Dhari on the grounds that, the actual date of birth of the workman is 5.10.1953, as per the 'family horoscope '; that the workman has been requesting the management since a very long time for the correction of his date of birth which has been mentioned wrongly as 32 years in the service excerpt; that the management neither made any correction nor referred him to the Apex Medical Board for the assessment of his age.

(3.) THE conciliation having failed, the Assistant Labour Commissioner referred the records to the appropriate Government. The Government by its memo dated 4.6.1999 communicated its opinion formed under Section 12 (5) of the Act to the effect that the workman is in employment since 1971, and as per report there is no discrepancy in the date of birth in the service records and, therefore, there is no justification for the demand of it 'scorrection or referring the matter to the Medical Board, at this stage and that the dispute is without any basis. The transcription of the said reason is as follows : ''