SHASTI MONDAL Vs. EASTERN COALFIELD LTD.

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has sought correction in date of birth recorded in the Service Book as 22 years as on 28th September, 1989 which should be treated as 27th March, 1969 in view of the matriculation certificate contained at Annexure-2, issued by Bihar School Examination Board on 7th August, 1985.

(2.) It is the contention of the petitioner that he joined the services of the respondent as 'Underground Loader' on 23rd December, 1989 under Clause 9.4.3 of N.C.W.A.-IV. From the service excerpts provided to him, he has come to know that his date of birth is recorded as 22 years as on 28th September, 1989 (Annexure-1). He, however, submits that the said service excerpts itself recorded as being I.Sc. passed and in fact his matriculation certificate annexed as Annexure-2, issued in the year 1985, also shows that his date of birth is 27th March, 1969. He further submits that these, anomalies in his date of birth have been reported to the respondent and the Personal Manager, Rajpura Colliery, Mugma, District-Dhanbad has also written to the Deputy Ch. Personal Manager, Kumardhubi Colliery, Mugma Area, to look into the matter vide Annexure-5 dated 11th April, 2005. Accordingly, learned counsel for the petitioner submits that the petitioner has raised his grievance relating to his date of birth immediately on notice. He is not at the verge of the retirement. He relied upon the most authenticated document i.e. matriculation certificate issued by the Bihar School Examination Board that of the year 1985.

(3.) The respondents, on the other hand, have contested the claim of the petitioner stating that the service excerpt have prepared in his presence but he has not objected to the same at the relevant time even he also put his signature over the same.