CHARAN LAL JHAWAL Vs. WESTERN COALFIELD LIMITED

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner is seeking the following reliefs:

(2.) PRELIMINARY objection has been raised by Shri Anoop Nair, learned Counsel for the respondents, that as per own showing of the petitioner, he came to know in the year 1987 that his date of birth has been recorded as 1/7/1950 in form 'b' when the service record was circulated, however, he did not file any petition immediately and the present petition has been filed after near about 18 years of the issuance of Annexure-R/3 and, therefore, this petition be dismissed on the ground of delay and laches.

(3.) ANOTHER preliminary objection has been raised that the petitioner being a workman, is having an efficacious and alternative remedy by invoking the jurisdiction under the Industrial Disputes Act, 1947 and, therefore, on this count also this petition deserves to be dismissed.