SHIVAKANT PRASAD,J. - (1.) This appeal is directed against the judgment and decree dated 19.6.2012 and 25.6.2012 respectively passed by learned Civil Judge (Senior Division) at Asansol in Title Appeal No. 4 of 2012 setting aside the judgment dated 26.9.2011 and decree dated 28.11.2011 passed by learned Civil Judge (Junior Division), 3rd Court, Asansol in Title Suit No. 30 of 2008, inter alia, on the grounds that the Court of Appeal has failed to appreciate that the condition precedent for application of the provision of Section 2A of the Industrial Dispute Act, 1947 to the 'Individual Workman', is dismissal, termination of service, but in the instant case the plaintiff-appellant has been wrongly superannuated from the service before attaining the age of superannuation so the provision of Section 2A has no manner of application in the facts and circumstances of the case, and dispute as regard date of birth of an individual workman is beyond the scope and ambit of the industrial dispute being a Civil dispute amenable to the Civil Court. So on this point finding of the learned Judge of the Court of Appeal below is erroneous and as such the judgment and decree complained of is liable to be set aside.
(2.) It is pointed out that the learned Appeal Court below has failed to appreciate the finding of the learned Trial Judge of the Court below as regards provision of Section 2K of the Industrial Dispute Act, 1947 and to get round the same relied on Section 2A of the said Act, 1947 and found the plaintiff-appellant even being 'Workman' is coming within the purview of Section 2A of the said Act 1947 without appreciating scope and ambit of the said Section in the case of dispute as regards date of birth of an individual workman so the finding of the learned Judge of the Court Appeal below discarding the finding of the learned Trial Judge of the Court below is not sustainable in law and has failed to appreciate that the certified Stading Orders of Steel Authority of India Limited IISCO Steel Plant Burnpur has been framed under Section 7 of the Industrial Employment (Standing Orders) Act, 1946 having a statutory force and in Order No. 34 of the said Standing Order has specifically laid down provisions as regard verification and recording the age in the Service Book, but the learned Judge of the Court of Appeal below without considering the same has relied on the provision of the Industrial Dispute Act, 1947 and allowed the Appeal by setting aside the judgment and decree passed by the learned Trial Judge of the Court below, which is liable to be set aside.
(3.) It is further pointed out that the learned Court of Appeal below has failed to appreciate that Order 32 of the said certified Standing Orders provide for grant of certificate of service, in respect of discharge or termination of service, resignations or retirement. In the instant case the authority concerned has granted certificate to the plaintiff-appellant for retirement from the service on attaining the age of superannuation so the same cannot be treated as 'termination' 'discharge' from the service so under this circumstances the plaintiff-appellnat not being discharged/terminated from the service as penal measure cannot come under the purview of the Industrial Dispute Act, 1947.;