CENTRAL COALFIELDS LIMITED, Vs. RAM SUMER SINGH

JUDGEMENT

(1.) THIS intra court appeal has been filed by the appellant -Management against the order dated 19,4.2005 passed in the writ petition - W.P. (S.) No. 6136 of 2004 whereby the learned Single Judge quashed the superannuation notice dated 22.9.2004 issued to the respondent - writ petitioner -workman informing him that he will be treated to have retired on superannuation from service of the company with effect from 29.2.2000 under. Clause -12.8.0 of N.C.W.A. -VI and all terminal benefits will be calculated and paid to him treating the above retirement date.

(2.) LEARNED Counsel for the management submitted that the impugned judgment is contrary to the records; that the date of birth was manipulated in the service records; that there is no verification by the competent authority, attached to the cutting and change in the date of birth in the service records; and that when such manipulation was detected, show cause notices were issued to the workman. He further pointed out that the year of birth initially written in the service record was '1939', which matches with the age declared by the workman as 29 years in the year 1969 i.e., 1940 as would appear from the medical slip; that the workman put his signature on the medical slip; and that as such declaration of age by the workman was accepted, there was no occasion for the management to send the workman to the medical board.

(3.) AFTER hearing the parties, we are satisfied that the impugned order cannot be upheld for the following reasons. Firstly, in the counter affidavit filed by the management in the writ, petition, the following statements were made in the paragraph 13 and 14: