TAPEN SEN, J. - (1.) HEARD Mr. S.N. Das, learned counsel appearing for the petitioner and Mr. A.K. Mehta, learned counsel for the respondents.
(2.) THE petitioner is aggrieved by the letter dated 14/15.12.2000, by which he has been put on notice with an intimation that he would be superannuating with effect from 06.05.2001. According to the petitioner, the respondents have treated his date of birth to be 1941. The petitioner relies upon Annexure 5 which, according to him, is the extract of the Form -B Register and which shows his date of birth to be 06.05.1949. According to him therefore, he would be reaching the age of sixty in the year 2009 and consequently, the impugned notice being contrary to the Form -B Register should be ignored and set aside and he should be allowed to continue till 2009. As against the aforementioned claim of the writ petitioner, the respondents have stated in paragraph 8 that the petitioner, in connivance of an employee of the Tribunal, has tampered with the Form -B Register because other documents which are under the custody of the Management, all go to show that the date of birth even in the Form -B Register was 1941 and not 1949. The respondents have stated that the Form -B Register was submitted before the Central Government Industrial Tribunal No. 2 in connection with another reference case namely 140/86 in which the petitioner was not the concerned workman.
(3.) MR . Mehta, learned counsel appearing for the respondents, submits on the basis of the statements made in paragraph 8 of the counter affidavit, that although the petitioner was not the concerned workman, yet, upon coming to learn that the Form -B Register had gone out of the possession and custody of the Management for being filed in the said Reference Case No. 140/86, took advantage and in connivance, as stated above, managed to tamper with the same. He further submits that having done so, he thereafter obtained the certified copy of the Form -B Register. Mr. Mehta further submits that in the face of other overwhelming documents brought on record in the counter affidavit, the Form -B Register should not form the only basis on coming to the conclusion that the petitioner was born in the year 1949.;