BHOLU SINGH THAKUR Vs. WESTERN COALFIELDS LIMITED

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution assails the order dated 26.10.2013 (Annexure P-10) whereby, the employer has treated the date of birth of the petitioner, as 22.10.1953 and directed that petitioner shall retire on attaining the age of 60 years on 22.10.2013.

(2.) The stand of petitioner is that in various records, the date of birth of petitioner is shown as 24.10.1954. In order to determine the date of birth of the petitioner. Finally, the petitioner was directed to appear before an Age Determination Committee on 06.09.1982. After examining the petitioner, the said Committee opined that petitioner's date of birth is 24.10.1954. This communication dated 04.02.1983 is filed, as Annexure P-9. Shri Suraj Verma, learned counsel for the petitioner submits that although petitioner submitted a certificate (Annnexure R-1), the said certificate contains a wrong date of birth.

(3.) In view of tripartite settlement, popularly known as Implementation Instruction No. 76 (I.I. No. 76), the parties are bound by the decision of Age Determination Committee. Thus, unilateral decision/action of employer in altering the date of birth petitioner on the basis of certificate (Annexure R-1) is bad in law and runs contrary to the principles of the natural justice.