SHIV PRASAD Vs. WESTERN COALFIELDS LTD

JUDGEMENT

(1.) The order dated 27.10.2016 is subject matter of challenge in the present appeal wherein the writ petition filed by the appellant for correction of his date of birth to 29.10.1955 from 1.1.1953 recorded in the records of respondent-Company remained unsuccessful.

(2.) The appellant joined the respondent-Company on 08.02.1974. It was for the first time in the year 2012 that the appellant filed a writ petition before this Court claiming correction of date of birth as 29.10.1955 on the basis of Matriculation Certificate. This Court in W.P.No.5251/2012 directed the Age Determination Committee to determine the age of the appellant in terms of the statutory agreement executed. In pursuance of such direction, the Age Determination Committee vide order dated 19.02.2013 relied upon the following documents to hold that the date of birth of appellant is 1.1.1953. <FRM>JUDGEMENT_264_LAWS(MPH)5_2017_1.html</FRM>

(3.) The stand of the appellant is that since the Matriculation Certificate records the date of birth as 29.10.1955, therefore, date of birth recorded in such certificate is a correct date of birth which would be given effect to by the respondents. He relies upon a judgment of the Honourable Supreme Court reported as Bharat Coking Coal Limited and Others vs. Chhota Birsa Uranw, 2014 12 SCC 570.