CENTRAL COALFIELDS LIMITED Vs. JAMUNA HARIZAN @ JAMUNA AHIRWAR

JUDGEMENT

(1.) Heard learned counsel for the parties. It is stated that the writ petitioner-respondent initially was appointed with the name Jamuna Harizan with his father's name Jugal Mochi. The petitioner was appointed on 19.12.1977 and during his long tenure, the petitioner's surname was changed from "Harizan" to "Ahirwar". Then it is alleged that his father's name was also changed to Jugal Ahirwar and then to Jugnoo Ahirwar. The date of birth of the petitioner in Form 'B' was recorded as 3.5.1955 whereas the management subsequently declared the petitioner's date of birth as 1.1.1947.

(2.) It appears from the materials available on record that management was under impression that some impostor is working on the post in place of the original employee and, therefore, these changes were gradually got entered in the record of the management. From above facts, it appears that there were mainly two allegations against the petitioner; first allegation is that he is impostor and another allegation is with respect to date of birth of the petitioner. Admittedly, the management had full knowledge of discrepancies in the name of an employee and no enquiry was conducted by the management and petitioner was said to be retired by counting the age of 60 years by counting his date of birth to be 1.1.1947. The learned Single Judge set aside the said order, hence the management come up before us by preferring this appeal.

(3.) The facts are not in dispute, that during long tenure of the services of the petitioner from 19.12.1977, his surname was changed from "Harizan" to "Ahirwar". So far as change in the name of the father of the petitioner is concerned, according to learned counsel for the petitioner, it was only typographical error and that was corrected. It is also submitted by learned counsel for the petitioner that a committee was constituted to enquire into the matter but that committee did not proceed and the petitioner's date of birth which is admittedly recorded in the Form 'B' register has not been considered while passing order of superannuation of the petitioner.