STEEL AUTHORITY OF INDIA LIMITED Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THIS writ petition has been preferred by M/s. Steel Authority of India Limited (SAIL for short) against the Notification No. 7/Lab. D -36013/ 99 L&E -221, dated 7th August, 1999, whereby the Government of Bihar referred the dispute for adjudication before the Labour Court, Bokaro Steel City, Bokaro. The petitioner has also challenged the Award dated 12th June, 2002, pronounced on 4th September, 2002 by learned Presiding Officer, Labour, Court, Bokaro Steel City, Bokaro in Reference Case No. 23/99, whereby and whereunder, the Reference has been answered in favour of the workman. The petitioner has been directed to reinstate him (Md. Ekbal Ansari) treating his date of birth as 20th March, 1949.

(2.) IT appears that Md. Ekbal Ansari was a Senior Technician -cum -Operative, Staff No. 275132 under the petitioner and was posted in the S.D. Department of Bokaro Steel Plant. He was retired from service treating his date of birth as 20th March, 1940. Thereafter, Md. Ekbal Ansari raised an industrial dispute and alleged that his service has been wrongly terminated nine years before his actual date of superannuation. The Government of Bihar, in exercise of power conferred by Clause (c) of sub -section (1) of Sec.10 of the Industrial Disputes Act, 1947 (14 of 1947), referred the following dispute to the Labour Court for its adjudication :

(3.) ON 27th September, 2004, counsel for the petitioner was allowed to produce the original P.D. Form. The workman was also asked to state whether he requested to make necessary correction of his date of birth as was recorded in his Personal Data Form.