COLLIERY KARAMCHARI SANGH, DHANBAD Vs. UNION OF INDIA

JUDGEMENT

(1.) ON hearing counsel in detail and on scrutinizing the decision referred to by him, we are not satisfied that there is any justification in interfering with the decision of the learned Single Judge. The learned Single Judge has referred to the relevant aspects and has taken note of the fact that the entry regarding the date of birth was entered in Form B register in the year 1971, that the said entry was communicated to the appellant in the year 1987 inviting objections if any and that the appellant did not raise any objection and has held that no such dispute regarding age could be raised at the fag end of his career or after such a long lapse of time. The appropriate Government has referred to the salient aspects and has came to the conclusion that there was no dispute which required to be referred to the Industrial Tribunal. The argument that it is not the appropriate Government that can decide the question and it is the Industrial Tribunal that alone can decide the question, cannot lead to the position that in no case the appropriate Government can refuse to make a reference under Section 10(2) of the Industrial Disputes Act.