- (1.) Being aggrieved by and dissatisfied with the judgment and decree dated 30-03-2009 and 16-04-2009 respectively passed by the learned Civil Judge, Senior Division, Asansol, District-Burdwan in Title Appeal No.22 of 2007 affirming the order dated 30-04-2007 passed by the learned Civil Judge, Junior Division, Second Court at Asansol, Burdwan in Title Suit No.146 of 2004, this second appeal has been preferred.
(2.) In both the Courts below, the appellant herein lost his case. Brief facts of this case is that the plaintiff/appellant filed the suit for correction of his date of birth. From the facts, it appears that the appellant filed the suit before the Civil Judge, Junior Division, Second Court, Asansol whereby the appellant prayed for declaration with regard to his date of birth. It appears that the appellant was an employee of Ram Nagore Colliery under the Security Department. Initially on 1st June, 1975, he was appointed as a labour. At that point of time, he declared his date of birth which was recorded as 16th July, 1954 in the Identity Card issued by the said Colliery. The said recording was also made in the Provident Fund Register of the Coal Mines Provident Fund, Dhanbad and also in the Provident Fund Office of the Colliery. In the year 1980, the appellant appeared in the Mining Sardarship Examination through his employer, Ram Nagore Colliery and a certificate with regard to the date of birth was issued certifying his age as 16th July, 1954 as per record maintained in the said Colliery. In December 1991, the plaintiff was given a chance to sign a new "B" Form Register wherein plaintiff's date of birth has wrongly been recorded as 16th July, 1944. The plaintiff challenged the said recording by writing a representation to the Chief Superintendent of the said Colliery. The plaintiff thereafter made several representations and it is the case of the plaintiff that though the age of the plaintiff was not verified as per the original "B" Form of the register of the Colliery, the plaintiff in writing requested to rectify his age. He did not receive any reply from the Colliery and on 24th January, 2004, a notice of superannuation was received by him wherefrom he came to learn that he would retire from service on 31st July, 2004. The plaintiff, in these circumstances, filed another suit being Title Suit No.108 of 2004 which was subsequently withdrawn since a writ petition was filed before the High Court at Calcutta and the Company (Ramnagore Colliery) produced the "B" Form Register. High Court in the said writ petition, opined that the LTI, produced by the Company before the High Court, cannot be decided in writ jurisdiction since it is a disputed question of fact. Hence, the plaintiff filed the instant suit for a declaration that the "B" Form Register, prepared by the defendant Company is illegal and liable to be cancelled. Alternatively, he also prayed that he is entitled to get the benefit to continue in the service till 16th July, 2014.
(3.) The said facts were denied by the defendant respondent herein by filing written statement. It is the case of the defendant that the "B" Form Register, which is the register of employees, is an authentic document with regard to the date of birth of an employee. The date of birth of the appellant, who joined the Company as an employee on 1st June, 1975, is correctly recorded in the "B" Form Register as 16th July, 1944 which was duly signed by the Manager of the said Company. The plaintiff also put his thumb impression below his photograph affixed on the said "B" Form. It is further stated that the date of birth in the Identity Card is not a substantive document, which was issued without verification of the records. The entry in the "B" Form Register was made on the basis of the declaration given by the plaintiff/appellant and also the school certificate was produced by the plaintiff at the relevant point of time. The said certificate was also denied on behalf of the defendant Company and all other statements made in the paint was also denied.;