BANSHI RAWANI Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29th April, 2004 passed by the learned Single Judge in W(S) No. 2433 of 2001 dismissing the writ application on the ground that there were serious disputed questions of fact relating to the entries in different records, maintained by the respondents, with regard to the date of birth of the writ petitioner.

(2.) OPPOSING the appeal, Mr. Sen referred to and relied on the National Coal Wage Agreement -III, Implementation Instruction No. 76 which relates to the procedure for determination and/or verification of the age of the employees. Referring to Clause -B, Mr. Sen pointed out that reference to the Medical Board could actually be made in certain situations as recorded in Sub -clause (ii) of Clause B and that in the instant case, since Form B register was available, the same will determine the age of the petitioner.

(3.) IN such circumstances, we see no reason to interfere with the order passed by the learned Single Judge and the appeal is accordingly dismissed. There will be no order as to costs.