- (1.) HEARD the parties. Petitioner was employed as a Peon in Pipradih Colliery. A controversy arose about his date of birth and for that the Government of India, Ministry of Labour, in exercise of the powers conferred by section 10(1 )(d) of the Industrial Disputes Act, 1947 referred the following dispute to the Industrial Tribunal for adjudication : - "Whether the action of the Management of Pipradih Colliery of C.C.L., P.O. Gomia, District -Hazaribagh in declaring the age of the workman as 57 years as on 12.2.1985 on the basis of the age assessed by the Medical Committee particularly when there is no variation in age in the C.M.P.F. record and the Form B Register to be maintained under the Mines Act is legal and justified? If not, to what relief the workman concerned is entitled -
(2.) ON 31.8.1992 the Tribunal gave award (Annexure 3), whereby the Management was directed to constitute the Medical Board to examine the age of the petitioner. It was also observed that assessment of the Medical Board will be final and the petitioner's reinstatement will depend upon to assessment of age by the Medical Board. On 19.7.1993 tile Area Age Assessment Committee, consisting of Dr. M. D. Yadav, Area Medical Officer, Dr. R. N. Verma, Medical Superintendent (Radiologist), Mr. S. K. Dey, Staff Office (Mining) and Mr. Lakhan Prasad, Staff Officer (Personnel), after clinical examination and examining the various records produced by the petitioner and also the records available with the management confirmed petitioner's age as 60 years and accordingly his date of birth recorded in the service sheet as 12.2.1928 was found to be correct.
(3.) IT is relevant to mention that in service register his date of birth was recorded as 14.3.1925, whereas he was claiming his date of birth to be 15.12.1938, on the basis of declaration in Form 'A' submitted to the C.M.P.F. Commissioner. Further Superintendent of Mines, Pipradih Colliery had also granted him a certificate in the year 1981, mentioning his date of birth as on 15.12.1938.;