CHHOTA BIRSA URANW Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE petitioner, in this writ application, has prayed for quashing the order dated 2.8.2006 (Annexure -6), passed by the Project Officer, Jamunia O.C.P. Area of the B.C.C.L. (Respondent No.5), whereby the petitioner was communicated that he would superannuate with effect from 28.2.2007, on the basis of his date of birth entered in his service records as 15.2.1947.

(3.) ASSAILING the impugned order, learned counsel for the petitioner would submit that as per the terms of the Joint Bipartite Agreement recorded under the National Coal Wage Agreement -III, the School Leaving Certificate and the Mining Sardar Certificate have to be treated by the Respondents as authentic documents in proof of the date of birth of the employee, unless the same was disputed as a non -genuine Certificate. The Respondents have not disputed the genuineness of the Certificates and therefore, they are bound to accept the same and to correct the entry of the date of birth of the petitioner in his service records.