- (1.) Present petition has been preferred mainly for the reason that the petitioner's services were terminated much earlier than the actual date of superannuation, and therefore, the following reference was filed under Section 10 for the adjudication by the Central Government Industrial Tribunal No.2, Dhanbad:-- Whether the action of the management of Bhawanathpur Lime Stone Mines Bhawanathpur, Garhwa in superannuating/retiring Smt. Kanoda Devi w.e.f. 27.10.1999 considering her date of birth as 10.10.1937 and not considering the date of birth as 10.10.1945 as calimed by the workman is justified if not to what relief the workmen is entitled.
(2.) The aforesaid reference was thus filed before the Tribunal wherein reference No. 107 of 2001 and the award was passed by the Tribunal dated 16th August. 2005 and the operative part of the award reads as under:-- In the result the following award is rendered; That the action of the management of Bhawanathpur Lime Stone Mine, Bhawanathpur Garhwa in superannuating/retiring Smt. Kamoda Devi w.e.f. 27.10.1999 considering her date of birth as 10.10.1937 and not considering the date of birth as 10.10.1945 was not justified. Age of the concerned female worker named above should be reassessed by the management through Apex Medical Board in strict compliance to Medical Jurisprudence and the decision of the said board should be binding on both sides. Management is directed to arrange for the said Medical Board within the three months from the date of publication of this award in the Gazette of India. Sd/- (B. Biswas) Presiding Officer.
(3.) Thus, instead of deciding the reference the petitioner was relegated to Apex Medical Board. The Medical Board was constituted by the respondents and the respondents have written a letter dated 23rd February, 2007, which is at Annexure-4 to the memo of petition, that the medical board has examined the petitioner and the age of the petitioner has been found within the range of 53 to 63 years as on date of superannuation i.e. 27th October, 1999. The last paragraph of the said letter reads as under:-- Taking into account of range of age as per findings/opinion of the Apex Medical Board, your age was determined to have been in the range of 53 to 63 years on the date of your superannuation i.e. on 27.10.1999). Accordingly, the date of retirement from the services of the Company on attaining the age of superannuation, i.e. 27.10.2006 which has already been accepted and further confirmed by the findings of the said Apex Medical Board. Thanking you. Yours faithfully Sd/- (P.C. Tiwari) Asstt/General Manager (P&A);