EMPLOYERS IN RELATION TO THE MANAGEMENT OF KUSUNDA AREA OF M.S. BHARAT COKING COAL LIMITED Vs. PRESIDING OFFICER

JUDGEMENT

(1.) PETITIONER -Management has prayed for quashing the award dated 16.4.1997, passed by the Central Government Industrial Tribunal No. 2, at Dhanbad in Reference Case No. 15 of 1995 (Annexure -6).

(2.) THE following dispute was referred for adjudication vide order dated 7.2.1995.

(3.) MR . Babhan Lal, appearing for the workman, submitted that the tribunal has rightly held that the workman was prematurely superannuated. In Form -B Register, in service excerpts and in the identity card, his date of birth was recorded as 8.6.1936 and therefore he was entitled to continue in service up to 7.6.1996. He further submitted that the agent of the colliery wrote a letter to the Personnel Manager of the Area about the date of birth but the Area Personnel Manager did not do anything on the ground that the workman did not dispute his age mentioned in his service records. He further submitted that the Management cannot allege manipulation as the Form -B Register remains in the custody of the Management. He further submitted that by mistake, the workman put his signature in Form -B Register, in which his age was mentioned as 38 years. However, he admitted that Id. Register and Service excerpts are issued on the basis of Form -B Register.