- (1.) The petitioner was initially appointed as casual worker under the East Industry Colliery Co. Pvt. Ltd. at Dhanbad. In the year 1971 the said colliery was taken up by the Coal India Limited and the authority of the said company issued appointment letter in favour of the petitioner vide annexure P3. The specific case of the petitioner is that the date of birth of the petitioner has been wrongly recorded as 05.09.1950 instead of 02.09.1953. The petitioner passed Madhyamik examination under West Bengal Board of Secondary Education and the date of birth of the petitioner has been recorded in the admit card of the said examination as on 02.09.1953. In the year 1987 in terms of the request of the petitioner the date of birth of the petitioner was corrected and accordingly his date of birth was recorded as 02.09.1953.
(2.) In the month of March, 2010 the petitioner was intimated by the authority that he would be retiring on and from 1st October, 2010 taking into consideration his date of birth as on 5th September, 1950. Despite objection raised by the petitioner the authority did not accept the date of birth of the petitioner as 02.09.1953 and accordingly, the petitioner was compelled to retire on 01.10.2010. The petitioner has prayed for a direction to permit him to work till his actual date of superannuation that is upto 01.10.2013 and to direct the respondents to pay the remuneration of the petitioner till the date of his retirement that is upto 01.10.2013 along with ancillary reliefs.
(3.) The respondents have specifically stated in their affidavit in opposition that the instant writ application is not maintainable since the petitioner was an employee of Bharat Cooking Coal Limited and was working in the industrial area of Dhanser Colliery in Jharkhand. The petitioner has erroneously tried to invoke the jurisdiction of this Hon'ble Court by falsely pleading that the entire service records of the petitioner are lying with respondent no.1 at his office at 10 N.S. Road, Calcutta-700001. It is further submitted that the petitioner has never been an employee of Coal India Limited and petitioner was an employee of Bharat Cooking Coal Limited and has already retired from his service and the service record of the petitioner are lying at the office of Bharat Cooking Coal Limited at Jharkhand. In a nutshell this Court has had no jurisdiction to entertain such writ application of the petitioner. The second point of objection is that the petitioner has accepted the amount of gratuity and all his retiral benefits without any objection after his retirement and therefore the petitioner shall be estopped from challenging his date of retirement.;