BIBEK CHAUDHURI,J. - (1.) The instant appeal is directed against the judgment and decree passed by the learned Civil Judge (Senior Division), Asansol, Burdwan on 26th June, 2006 affirming the judgment and decree of Title Suit No.41 of 2003 passed by the learned Civil Judge (Junior Division), 3rd Court at Asansol.
(2.) The respondent as plaintiff filed Title Suit No.41 of 2003 before the learned Civil Judge (Junior Division), 3rd Court at Asansol praying for declaration, permanent and mandatory injunction and other consequential relieves. It was pleaded by the plaintiff that he was appointed in Eastern Coal Field Limited on compassionate ground as a land loser after his land was acquired by the said Company for development in coal mining industry. The plaintiff joined duty with effect from 1st November, 1977. Initially he had to undergo training for two (2) years, thereafter, the defendant No.2 issued a fresh letter of appointment to the plaintiff for the post of mechanical/electrical helper in the colliery under the defendant No.3 on 17th/26th November, 1979. In the identity card issued to the plaintiff from the office of the defendant No.3, his date of birth was recorded as on 10th April, 1961. Subsequently, in the year 1987, the plaintiff was supplied with service records excerpt and he found that in his service records, his date of birth was wrongly recorded as in 1946. The plaintiff immediately submitted his objection regarding such wrong record of age in the remarks column of his service record excerpt. The defendant No.1 authority thereafter issued a notice on 8th June, 1988 requiring the plaintiff to submit documents/certificates in support of age by 13th June, 1988. The plaintiff submitted the certificate of passing his Madhyamik examination from Bihar Vidyalaya Pariksha Samity. However, the defendants refused to make necessary correction of date of birth of the plaintiff in his service records on the basis of his Madhyamik certificate. Subsequently, on different occasions, and finally on 7th March, 2003, the plaintiff visited the office of the defendant Nos.2 and 3 and requested them to make necessary correction of his date of birth in the official record, but they expressed their inability. If the plaintiff's date of birth was recorded correctly, he would have continued his job till 9th April, 2021. Under such circumstances, he filed the suit.
(3.) The defendant Nos.1 to 3/appellants contested the said suit by filing written statement wherein they have categorically denied all the material allegations made out against them in the plaint. It is specifically pleaded that the Civil Court has no jurisdiction to adjudicate the dispute because the respondent is a workman within the definition of Industrial Disputes Act and the issue relates to his condition of service upon change of his date of birth. Therefore, the suit is barred under the Industrial Disputes Act. It is further contended by the defendants that the date of birth of the plaintiff was recorded as in 1946 in his service record, as per his own statement. The plaintiff did not raise objection as to such recording. Subsequently, after joining the service, he obtained a certificate from Bihar Vidyalaya Pariksha Samity. The defendants are not in a position to rely upon such certificates and the suit was liable to be dismissed.;