Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties.
(2.) PETITIONER has retired with effect from 01.03.2010 pursuant to the impugned notice dated 08.10.2009 which has been challenged in the present writ application in 2011. Contention of the petitioner is that he was initially appointed as H.E.M.M. Operator (Trainee) i.e. Heavy Earth Mover Machine Operator on 08.07.1983 at Kankanee Colliery under Sijua Area of M/s Bharat Coking Coal Limited, Dhanbad. According to him, date of birth certificate submitted by him at the time of interview for joining showed his date of birth as 05.06.1952 and his educational qualification was non -matric. Petitioner however alleges that after getting notice of retirement, he obtained a copy of service excerpts and he was shocked to find cutting in the entry of date of birth which was made as 19.02.1950 instead of 05.06.1952 which was there. According to the petitioner, as per the Implementation Instruction No. 76, respondents are bound to record his date of birth as shown in the school certificate which has been cut behind his back and he has been made to retire prematurely. Even in Form -B Register, surprisingly his date of birth has not been mentioned which was maintained by Kankanee Colliery of BCCL. Petitioner was transferred from Kankanee Colliery to Tetulmari Colliery in the year 1996 as Shovel Operator, but in the certificate issued by the Kankanee Colliery, there was no reference of his date of birth. Therefore, when the respondent forcibly retired him from service by the impugned notice, he made several representations vide annexure -6 series and Labour Union also raised an Industrial Dispute, out of which, no fruitful result has come forth. Therefore, respondents should be directed to correct his date of birth and treat him in service till his natural age of retirement.
(3.) AS per the respondents who have appeared and filed their counter affidavit, the issue relating to wrong recording of date of birth is an industrial dispute and it could have been agitated before the forum created under the Industrial Disputes Act, 1947. It is further stated that the dispute relating to the same was raised by Bihar Colliery Kamgar Union, Dhanbad vide its letter dated 09.10.2009. Thereafter, a tripartite settlement was arrived at between the parties in presence of A.L.C. (C), Dhanbad on 22.11.2011 that the matter would be discussed at the area level and would be decided as per norms of the company vide annexure -A to the counter affidavit). The matter was taken up before the Area Personnel Manager, Sijua Area, BCCL who has rejected the claim on 20.01.2012 vide annexure -B. According to the respondents, reason for rejection is that in the Form -B Register of the concerned workman, no entry of his date of birth was found to be recorded. He was referred to the Medical Board for assessment of his age which was thereafter assessed as 37 years as on 19.02.1987. Accordingly, his date of birth was recorded as 19.02.1950 (Annexure -C). It is further stated that the petitioner has already withdrawn his provident fund and gratuity and is receiving his monthly pension on month to month basis which is evident from the order of rejection dated 20.01.2012 itself. Therefore, according to the respondents, no interference is required in the impugned notice and neither the order of rejection based upon the consideration of his claim passed during the pendency of the writ petition is under challenge.;