BHARAT SINGH Vs. PROJECT OFFICER/AGENT, GHANUDIH COLLIERY

JUDGEMENT

(1.) Heard the parties.

(2.) The plaintiff/appellant has filed this appeal being aggrieved by the Judgment dtd. 18/8/2004 passed by the Additional District Judge XIII, Dhanbad in Title Appeal No.146 of 2003 whereby and where under the learned court below has remanded the suit to the trial court with a direction that the trial court shall frame issues on the basis of the pleadings of both the parties and give opportunity to the parties to adduce evidence and disposed of the suit afresh.

(3.) The brief facts of this case is that the plaintiff was an employee of the defendant/respondent. At the time of his employment on 15/1/1962 the plaintiff mentioned his date of birth as 1/5/1944 and the same was mentioned in the Form 'B' Register of the defendant. Subsequently, in terms of instruction No.76 of J.B.C.C.I. (Joint Bipartite Committee on Coal Industry), an apex medical board was constituted to assess the age of the appellant and the medical board on 20/1/1989 assessed the age of the appellant and on the basis of the said assessment of the age of the plaintiff, the plaintiff was to be superannuated from the services of the defendant on 20/1/1999. In the trial court in Title Suit No.159 of 1998, the defendant/respondent initially did not file the written statement and it was debarred by the court from filing of the written statement. But subsequently the defendant/respondents filed their written statement but the same was not accepted by the trial court and during the pendency of the suit, the defendant/respondents did not challenge the said order by which the written statement filed by the defendant/ respondents were not accepted by the trial court. On the basis of the evidence in the record, the trial court decreed the suit.