MANAGEMENT OF BOKARA STEEL PLANT Vs. BALRAM BAHTO

JUDGEMENT

(1.) THIS writ petition has been preferred by the Management of Bokaro Steel Plant (hereafter referred to as the Company) against the Award dated 6th March, 2003, pronounced on 29th March, 2003 passed by learned Presiding Officer, Labour Court, Bokaro Steel City, Bokaro in Reference Case No. 37/1994, whereby and where under, the reference has been answered in favour of workman, Balram Mahto (respondent).

(2.) THE brief facts of the case are that the workman, Balram Mahto was appointed, to the post of Khalasi in Bokaro Steel Plant and joined on 15th November, 1977. At the time of joining the service, he filled up Personal Data Form declaring his age and submitted the same to the Management. As per Clause 8 (b) (ii) of the Standing Orders of the Company, once the workman entered his date of birth/age in the Personal Date Form, he cannot question the correctness of his age, so entered in the Personal Data Form. The Management of the Company treating the age of workman as 48 years, as on the date of his joining, retired him on the ground that he has attained the age of superannuation i.e. 58 years of age with effect from 30th November, 1987.

(3.) IN the present case, having heard the parties on merit, I thought it proper to decide the case on merit rather to answer the issue 'whether the petition under Section 17 -B of the Act is maintainable in the case in hand', which may be determined in some other case.