- (1.) WHETHER the date of birth of the appellant recorded in the Madhyamik Examination Certificate of Bihar Vidyalaya pariksha Samity can be altogether ignored by the employer in view of the recording of different date of birth of the said appellant/writ petitioner in gas Testing Certificate under the Mines Act, 1952, Sirdar's Certificate under coal Mines Regulations, 1957 and also Overman's Certificate of Service under Coal Mines Regulations, 1957.
(2.) THE appellant/writ petitioner initially joined the services of the bengal Coal Co. Ltd. at Chinakuri Mine No. Ill on 9th January, 1970 as mining Sirdar. After nationalisation of the coalmines, the said writ petitioner became an employee of Eastern Coal Fields Ltd.
(3.) IT is not in dispute that all the individual coal companies operating prior to the nationalisation had to submit employment particulars of their employees to the competent authority of the nationalised coal company. It is the case of the appellant/writ petitioner that the original employer, namely, bengal Coal Co. Ltd. recorded the date of birth of the said appellant as 2nd april, 1948 on the basis of the date of birth recorded in the Matriculation certificate and the said date of birth was thereafter also mentioned in the identity Card issued by the said Bengal Coal Co. Ltd. After the nationalisation of the coal mines, the appellant/writ petitioner became an employee of eastern Coal Fields Ltd. , a subsidiary of Coal India Limited as a taken over staff of the private coal company.;