- (1.) This appeal is directed against an order dated 24th December, 2019 passed in a writ petition filed by the appellant challenging an order of superannuation on the basis of the date of birth recorded in his service record. The petitioner was an employee of the Eastern Coal Fields Limited. On 15th October, 2015 the writ petitioner made a representation to several officers of the respondent coal company alleging that on 13th October, 2015 he came to learn from one of his colleagues of the concerned department that the year of birth of the petitioner mentioned in the service record is 1956 and on enquiry it was found that such date was an incorrect recording. The writ petitioner alleged that it was a prevalent practice in the company that all the employees were to sign in the blank format of the service record which is subsequently filled up by the personnel department.
(2.) The appellant did not notice earlier about the incorrect recording of the date of birth and it was only during October, 2015 he could ascertain that the service record did not reflect the correct date of birth. The said representation, however, does not disclose the circumstances under which he had ascertained such facts but we presume for the time being that he was told that his service would be superannuated on and from 1st July, 2016 and he could have been invited to fill up certain forms in order to enable his employer to complete the formalities in the meantime.
(3.) The final order of 24th December, 2019 was preceded by two orders passed on 29th June, 2016 and 3rd August, 2016. We would refer to the said two orders later as we feel that it is also necessary for us to indicate the facts in a nutshell so as to find out if at all the writ petitioner could claim such reliefs irrespective of the quality of orders preceding the final order. The petitioner joined the service of the Eastern Coal Company Limited (hereinafter referred to as ECL) on 1st April, 1980. Based on the information furnished by the writ petitioner, appointment letter was issued on 1st April, 1980 in which it has been specifically stated that his superannuation age would be 60 years. The writ petitioner during his course of employment had executed various documents for availing the service benefits. Under Section 48 of the Mines Act, 1958 ECL, as employer, is required to maintain a register of persons employed and relevant entries of such employees to be duly authenticated by their signature or thumb impression, as the case may be. Form-B register is a statutory record which is maintained under the Mines Act , 1952. The service record of the employee is also created on his appointment and it is continued till the cessation of employment. Photo identity cards are also issued by the employer for identification or giving proper identity to the employees. During 1987 there was an effort by ECL to provide important excerpts of service record to the employees inviting their comments about such information. The employee concerned was also given two copies of such service record excerpts and the employee is required to return the said copies after filling up the details including the date of appointment and the date of birth. In the year 1998-1999 for the existing employees on roll as on 1st April, 1998 and who were members of the Coal Mines Family Pension, 1971 in terms of paragraph 5(1) of Coal Mines Pension Scheme, 1998, an employee is required to submit his family declaration in Form no. PS-3 and nomination in Form no. PS-4.;