- (1.) BY the impugned order of the learned single Judge, the date of birth of the writ Petitioner, who was initially employed in 1970, has been directed to be corrected in accordance with the date of birth recorded in the writ Petitioner's Higher Secondary Certificate of 1965.
(2.) THE learned Single Judge has held that the writ Petitioner, who is the Respondent before us, will be governed by the terms of the National Coal Wage Agreement -3 (hereinafter referred as N.C.W.A. -3). The learned Single Judge has thereafter relied on Implementation Instruction No. 76 of N.C.W.A. -3, especially Clause (B) thereof, which provides for 'review determination of date of birth in respect of existing employees'.
(3.) ACCORDING to the said Implementation Instruction No. 76 (B), in case of existing employees the date of birth recorded in the (i) Matriculation Certificate or (ii) Higher Secondary Certificate or (iii) Board of Middle Pass Certificate, will be treated as correct, provided such certificates were issued by the concerned University/Board/Institution prior to the date of employment.;