M.Y.EQBAL, J. - (1.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment dated 13.2.97 passed in CWJC No. 2916/95 (R) whereby the learned Single Judge dismissed the writ petition filed by the appellant challenging the award passed by the Labour Court in Reference No. 9/95.
(2.) IT appears that respondent No. 2 the concerned workman joined the services of the appellant in 1972 and in the personal data form the date of birth of the workman was recorded as 30 years. However, it was alleged that the same was scored out and 35 years was mentioned and again it was made 40 years and taking the age of the workman as 40 years on the date of entry into the service he was made to retire in 1990. The case of the workman was taken up by the Bokaro Mazdoor Samaj and in industrial dispute was raised. After failure of the conciliation, the matter was referred to the Govt. of Bihar and ultimately the following dispute was referred to the Labour Court for adjudication: - - 'Whether the age of Shri Imamuddin Ansari, Khalasi -Staff No. 179433, Bokaro Steel Plant, Furnace Oven Deptt. was mentioned 30 years in his personal data form at the time of appointment? If so, the superannuation of Shri Ansari from 3.5.90 is proper? If not, what kind of relief he is entitled to?' The Labour Court, after considering the entire evidences, both oral and documentary, adduced by the Management and the workman, came to the conclusion that at the time when the workman entered into service, his age was 30 years. The Labour Court, accordingly, answered the reference in favour of the workman.
(3.) THE learned Single Judge, after re -appreciation of the evidences, found that before the Labour Court the Management examined Sri Prashant Rout as MW 1 who categorically admitted during the course of his deposition that the age of the workman is noted in the P.D. form on the basis of interview particulars, attestation form, declaration made by the concerned employee and further that the workman was medically examined in 1972 and his age was assessed as 30 years. Considering the evidences the learned Single Judge affirmed the finding of fact recorded by the Labour Court in answering the reference in favour of the workman.;