BHARAT COKING COAL LTD. Vs. SHYAM KISHORE SINGH
LAWS(SC)-2020-2-4
SUPREME COURT OF INDIA
Decided on February 05,2020

BHARAT COKING COAL LTD. Appellant
VERSUS
SHYAM KISHORE SINGH Respondents





Cited Judgements :-

KARTAR SINGH VS. STATE OF HARYANA [LAWS(P&H)-2021-9-44] [REFERRED TO]
RAM KISHORE VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2021-2-65] [REFERRED TO]
SIDHESWAR DAS VS. STATE OF ASSAM [LAWS(GAU)-2021-8-60] [REFERRED TO]
THIMMAIAH V VS. DEPUTY COMMISSIONER [LAWS(KAR)-2020-8-446] [REFERRED TO]
EMPLOYERS IN RELATION TO THE MANAGEMENT OF SUDAMDIH SHAFT MINE VS. THEIR WORKMAN SMT. GULABIA DEVI, SECURITY GUARD [LAWS(JHAR)-2020-11-53] [REFERRED TO]
LAXMI SINGH VERMA VS. H.P. BOARD OF SCHOOL EDUCATION DHARAMSHALA [LAWS(HPH)-2021-12-50] [REFERRED TO]
PRAMOD KUMAR TIWARI VS. FOOD CORPORATION OF INDIA [LAWS(MPH)-2021-2-69] [REFERRED TO]
PRABHAKAR YASHWANT SALVE VS. CHIEF ENGINEER, MAHARASHTRA STATE ELECTRICITY TRANSMISSION COMPANY LTD. [LAWS(BOM)-2020-12-383] [REFERRED TO]
MUMBAI SHRAMIK SANGH VS. UNION OF INDIA [LAWS(BOM)-2022-5-97] [REFERRED TO]
BHARAT COKING COAL LTD VS. REGIONAL SECRETARY, COALFIELDS LABOUR [LAWS(JHAR)-2020-12-66] [REFERRED TO]
PRABHAT KUMAR TITUS VS. WESTERN COALFIELDS LIMITED [LAWS(BOM)-2021-6-107] [REFERRED TO]
KAMALDEO RAVIDAS VS. BHARAT COKING COAL LTD [LAWS(JHAR)-2021-8-35] [REFERRED TO]
SRINIVASA VS. DEPUTY COMMISSIONER [LAWS(KAR)-2020-8-445] [REFERRED TO]
KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED VS. T.P. NATARAJA [LAWS(SC)-2021-9-68] [REFERRED TO]
H SHIVAKUMAR SWAMY VS. DEPUTY COMMISSIONER, MYSURU DISTRICT [LAWS(KAR)-2020-8-448] [REFERRED TO]
ERKI RAMULU VS. SINGARENI COLLIERIES COMPANY LTD. [LAWS(TLNG)-2021-8-40] [REFERRED TO]
GOLAK SINGH VS. BHARAT COKING COAL LIMITED [LAWS(JHAR)-2020-12-20] [REFERRED TO]
AJIT SAIKIA VS. UNION OF INDIA [LAWS(GAU)-2021-9-65] [REFERRED TO]
M.C.SUBRAMANIAM REDDY VS. KARNATAKA RURAL INFRASTRUCTURE [LAWS(KAR)-2020-6-461] [REFERRED TO]
STEEL AUTHORITY OF INDIA LTD VS. THEIR WORKMAN [LAWS(JHAR)-2021-1-26] [REFERRED TO]


JUDGEMENT

A.S.BOPANNA,J. - (1.)Leave granted.
(2.)The appellants are before this Court assailing the order dated 19.02.2019 passed by the Division Bench of the High Court of Jharkhand at Ranchi in LPA No.115 of 2018. Through the said order the Division Bench though has modified the judgment and order dated 13.10.2017 of the learned Single Judge insofar as the extent of relief granted, the contention of the respondent herein relating to the change of date of birth in the service records is accepted and a direction has been issued to the appellants to pay the sum equivalent to salary of one year for the period between the April, 2010 to March, 2011. The appellants thus being aggrieved are before this Court in this appeal.
(3.)The brief facts are that the respondent herein was appointed as a trainee in the appellants company. He was allotted Personnel No. 00473470 and joined service as Trainee Dozer Operator with effect from 27.02.1982. Though the respondent claims that he had declared his date of birth as 20.01.1955 in terms of the entry contained in his matriculation certificate the fact remains that his date of birth entered in the service record was 04.03.1950 and had remained so from the date of his appointment on 27.02.1982 till his retirement on 31.03.2010. In the year 1998 the respondent has submitted the Provident Fund Nomination Form wherein he has indicted the details of his family and shown his wife as his nominee. In the relevant Form also, the respondent had indicated his date of birth as 04.03.1950. The respondent thus having continued in service till the age of superannuation had retired from service on 31.03.2010. Just prior to his retirement, in the year 2009, a representation had been made by the respondent seeking change of the date of birth entered in the records, which was declined by the appellants. The respondent not having agitated the matter further at that point of time and having retired on 31.03.2010 has after the lapse of four years filed the W.P.(S) No.6172/2014 before the High Court of Jharkhand at Ranchi. The appellants herein having appeared, filed their objection statement. The learned Single Judge on taking into consideration the nature of the claim put forth was of the view that when the respondent raised the issue regarding correction of the date of birth in the year 2009 the appellants secured verification of the date of birth claimed by the respondent from the Bihar School Examination Board, Patna. On verification it was confirmed that the date of birth in the school records was 20.01.1955. The said verification made by the appellants herein has been held against them by the learned Single Judge and it was observed that if the date 04.03.1950 as entered by the respondent in the service records was correct, there was no occasion for the appellants to verify the same from Bihar School Examination Board. In that circumstance the learned Single Judge being of the opinion that the respondent had passed the matriculation prior to joining the services and in that circumstance the entry of date of birth in the matriculation certificate being 20.01.1955 even before joining the service, has accepted the contention put forth by the respondent and in that background arrived at the conclusion that the appellants are to be directed to make appropriate corrections and pass consequential orders.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.