ARJUN PRASAD SHOUNDIK Vs. CHAIRMAN-CUM-MANAGING DIRECTOR

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for direction upon the respondents to correct the date of birth of the petitioner as 31.12.1952 and further restrain the respondents from retiring the petitioner from his services till the date of birth of the petitioner is corrected.

(2.) The facts, in brief, is that petitioner after completing two years of training from 10.03.1970 to 11.03.1972 was appointed as Motor Mechanic-cum-Compressor Operator since January, 1973 at India Firebricks & Insulation Co. Ltd. It has been averred that on the basis of documents produced by the petitioner, the date of birth of the petitioner was recorded as 31.12.1952 in P.F document, Declaration Form of Employees State Insurance Policy, Medical Book issued to the petitioner and in other records of the company. But, all of a sudden the original date of birth of the petitioner was struck off and in place of 1952, 1950 was written in Medical Book as date of birth of the petitioner and immediately after coming to know the change in date of birth the petitioner represented before the authorities but it did not evoke any response. Thereafter, the petitioner represented before Deputy Labour Commissioner, Hazaribagh, who disposed of the representation of the petitioner vide memo dated 27.05.2008 directing the Secretary-cum-Managing Director, Bharat Refractories Ltd., Bokaro Steel City, Bokaro to enquire into the matter and take a final decision regarding the date of birth of the petitioner but it is alleged that no action has been taken till date. On the Contrary, petitioner was informed vide letter dated 28.05.2008 issued by Junior Manager, Employment & Administration Department, IFICO Ltd that he shall attain the age of 58 on 30.06.2008 as such he would retire from service on 30.06.2008 considering his date of birth in the year 1950.

(3.) In support of his submission, learned counsel for the petitioner referred to a decision rendered in the case of Kamta Pandey Vs. M/s BCCL & Ors as reported in (2007) 3 JLJR 726 (FB) (HC), wherein the Hon'ble Court has been pleased to hold that "the date of birth recorded in the matriculation certificate duly authenticated by the Education Board is a conclusive proof of age and no other record, including service records ....".