(1.) Eastern Coalfields Limited filed the instant application under Article 226 of the Constitution of India challenging an award dated March 13, 2003 passed by the Central Government Industrial Tribunal, Asansol in a Reference No. 43 of 1999 under Section 10(1) (d) (2A) of the Industrial Disputes Act, 1947.
(2.) The workman namely Mithailal Maurya was the pit clerk in the Naba Kajora Colliery. He was a permanent employee of M/s Eastern Coalfields Limited. His date of appointment is December 29, 1969. The workman passed the matriculation examination in the year 1965. He made a representation before the Management to correct his date of birth in the service record as per the Matriculation Certificate. The date of birth of the workman was recorded in the Matriculation Certificate as 5.5.1950. In the Service Record the date of birth of the workman was recorded as July 1, 1938. The workman raised an objection against the wrong recording of his date of birth in his service record and prayed for correction of his date of birth by accepting the recording of the date of birth in the Matriculation Certificate.
(3.) The respondent No. 1 through his Union i.e. the respondent No. 2 herein raised an industrial dispute before the Assistant Labour Commissioner (Central) Raiganj, by a letter dated October 23, 1997 praying for correction of his date of birth by accepting the date of birth recorded in the Matriculation Certificate.