KALA NAYAK SON OF LATE LATE PURAN NAYAK, RESIDENT OF QTR. NO. A/4/71, RAJRAPPA PROJECT, PO & PS RAJRAPPA, DISTRICT RAMGARH Vs. CENTRAL COALFIELDS LTD. THROUGH ITS CHAIRMANCUM MANAGING DIRECTOR HAVING ITS OFFICE AT DARBHANGA HOUSE, PO GPO, PS KOTWALI, DISTRICT RANCHI

JUDGEMENT

(1.) I.A No. 3679 of 2016 For the reasons carved out in the application and there being no serious objection from Mr. Das appearing for respondent. C.L, the delay of four days in filing the accompanied appeal is condoned. I.A No. 3679/2016 is disposed of accordingly. L.P.A. No. 275 of 2016 Aggrieved of order dated 02.05.2016 in W.P.(S) No 3342 of 2015, the present Letters Patent Appeal has been preferred by the appellant writ petitioner.

(2.) Heard the learned counsel for both the sides and perused documents on record.

(3.) Mr. Arpan Mishra, the learned counsel for the appellant submits that the date of birth of the appellant recorded in the Matriculation Certificate must be taken as a conclusive proof of the date of birth. It is further submitted that on the basis of qualification of the appellant, that is, matriculation, the appellant was promoted to the post of Shovel Operator and thus, it stands admitted that the respondent C. C.L accepted the Matriculation Certificate of the appellant and while so, the date of birth recorded in the Matriculation Certificate of the appellant is binding on the respondents.