- (1.) The writ Petitioner was an employee of Eastern Coalfields Limited and he was working as a clipman in a colliery known as Shyam Sunderpur Colliery. The dispute in this writ petition relates to correction of age of the writ Petitioner in the records of the Eastern Coalfields Limited (the "Company" in short). The main grievance of the writ Petitioner is that he has been made to superannuate before his actual age of superannuation because of certain error in the records of the company as regards his date of birth. According to the Petitioner, his actual date of birth is 24th June, 1951.
(2.) The case of the writ Petitioner is that at the time of his appointment, he had furnished all the papers required by his employer including his school-leaving certificate in support of his date of birth. On 26th February, 1987, he was served with copies of excerpts from his service records by the company, which showed his age as 38 years as on 18th August, 1982. His claim is that such recordal was erroneous, as in the year 1982 his age would have been 34 years,
(3.) The Petitioner made representation before the company for correction of the service records, which was not done. He instituted a suit in the Court of learned Civil Judge (Junior Division), First Court at Durgapur claiming following reliefs: a) for a decree of declaration that the Plaintiff's date of birth is 24.6.51 and the Defendants are bound to correct and modify the services record of the Plaintiff by inserting his correct date of birth as 24.6.51. b) for a decree of permanent injunction restraining the Defendants their man & agents and employees from issuing any letter superannuation on the basis of the wrongly recorded date of birth in the service record. c) for a decree of the costs of the suit. d) for further or other relief/reliefs which the Plaintiff will be entitled as per law & equity.;