BACHU SINGH, SON OF RAMRUP SINGH, RESIDENT OF C/O SHRI A.L. SHARMA, ORGANISING SECRETARY, R.C.M.S., PO & PS Vs. BHARAT COKING COAL LIMITED THROUGH ITS CHAIRMAN

JUDGEMENT

(1.) Claiming that his correct date of birth is recorded in the statutory Form 'B', the petitioner seeks to challenge the order dated 9/29.8.2002, by which his age has been assessed as 55 years as on 30.05.2002.

(2.) The petitioner was appointed on 207.1972 as a 'Night-Guard' under the respondent-M/s Bharat Coking Coal Limited (in short-BCCL). After his engagement was discontinued by Management of Ramkanali Colliery of M/s BCCL, an industrial dispute was raised which on failure of the conciliation proceeding was referred for adjudication before the Central Government Industrial Tribunal (No.2), Dhanbad by an order of the appropriate Government dated 21.05.1986. The 'Reference' was answered in favour of the workmen. It was held that the concerned workmen including, the petitioner should be allowed to resume duty. The Award dated 28.07.1987 was challenged successfully before the Writ Court, however, the issue was finally set at rest by an order of the Supreme Court in Civil Appeal No.5797 of 1998. Thereafter, by an order dated 9/29.8.2002 the petitioner was reinstated in service. A part of this order where under age of the petitioner has been assessed as 55 years as on 30.05.2002 is under challenge in the present proceeding.

(3.) In the writ petition the petitioner has taken a stand that his date of birth as recorded in Form 'B', that is, 05.05.1951 is his correct date of birth and in view of the binding force of statutory Form 'B' which is signed by both, the employer and employee, the date of birth recorded therein shall be taken as correct and conclusive. The learned counsel for the petitioner further submits that Form 'B' was before the Industrial Tribunal which passed the Award dated 28.07.1987, however, the date of birth of the petitioner as recorded therein was not challenged by the employer and while so, it shall bind the employer.