TAPEN SEN, J. - (1.) THE petitioner, in the instant case, has prayed quashing the award dated 4.1.2002 passed by the Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in Reference Case No. 91 of 1995 (Annexure 16) whereby and whereunder it was held that the action of the management in superannuating the concerned workman with effect from 1.7.1993 or 7.7.1993 or 17.10.1993 was justified and therefore, she was not entitled for any relief.
(2.) THE case of the petitioner, as pleaded is that the concerned workman joined service as a Creche Nurse in March, 1958 in Samla Dalur Bandh Colliery and her name was duly recorded in Form "B" Register and she also qualified herself to become a member of the Coal Mines Provident Fund (C. M.P.F.) Form "A" was filed up through the management and her date of birth was recorded as 4.11.1938 both in the Form "B" Register maintained in the colliery and also in Form "A" maintained in C.M.P.F. Office at Asansol. Subsequently she gave up her work at Samla Dalur Bandh Colliery and joined in the same capacity at Khas Kalimati Colliery, PO Kumardhubi, district Dhanbad sometime in the year 1961. There also she gave up the work in 1964 and v/orked as Creche Nurse in South Loyabad Katras and New Dhanmabandh Collieries during the period 15.1.1968 to 31.7.1971. Whereafter she again joined in the same capacity in Gondudih Colliery on 2.8.1971 and continued to work there till she was superannuated on 7.7.1993. According to her, when she went to join Gondudih Colliery on 2.8.1971, her date of birth was recorded as 4.11.1938. The petitioner has stated that on 25.4.1988. a joint meeting of the Bipartite Committee for Coal Industry was held and as her Resolution No. 5, the entire record of service for "Undisputed Cases" was to be computerized and the same was not to be reopened. Resolution No. 5 reads as follows : "It was agreed that in undisputed cases with view to have stable record of service, the entire date in the service record should be computerized and a copy should be retained at the Col -liery/Project/Area/Subsidiary level and at the Head Quarters of Coal India. Such undisputed cases will not be reopened. It was also agreed that after the task of computerization is over, acopy of the print out will be given to the employees concerned."
(3.) ACCORDING to the petitioner, Annexure 1, which was a service except, was circulated to all concerned including the petitioner and the concerned workman, in the instant case, did not raise arfy objection and therefore, her case was undisputed. In other words what the petitioner contends is that it was only in relation to undisputed cases which were to be computerized and which were not to be reopened and therefore the service except insofar as it related to the concerned workman, became conclusive and final.;