S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by M/s. Steel Authority of India Limited (SAIL for short) against the Notification No. 7/Lab. D -36013/ 99 L&E -221, dated 7th August, 1999, whereby the Government of Bihar referred the dispute for adjudication before the Labour Court, Bokaro Steel City, Bokaro. The petitioner has also challenged the Award dated 12th June, 2002, pronounced on 4th September, 2002 by learned Presiding Officer, Labour, Court, Bokaro Steel City, Bokaro in Reference Case No. 23/99, whereby and whereunder, the Reference has been answered in favour of the workman. The petitioner has been directed to reinstate him (Md. Ekbal Ansari) treating his date of birth as 20th March, 1949.
(2.) IT appears that Md. Ekbal Ansari was a Senior Technician -cum -Operative, Staff No. 275132 under the petitioner and was posted in the S.D. Department of Bokaro Steel Plant. He was retired from service treating his date of birth as 20th March, 1940. Thereafter, Md. Ekbal Ansari raised an industrial dispute and alleged that his service has been wrongly terminated nine years before his actual date of superannuation. The Government of Bihar, in exercise of power conferred by Clause (c) of sub -section (1) of Sec.10 of the Industrial Disputes Act, 1947 (14 of 1947), referred the following dispute to the Labour Court for its adjudication : "Whether the retirement before the time of Shri Ekbal Ansari, Staff No. 275132, Ex Operative S.S.D., workman of M/s. Bokaro Steel Plant, Bokaro Steel City is justified? If not, what relief the workman is entitled to - The petitioner, M/s. SAIL examined one witness, MW 1, Diwankar Bhach and produced certain exhibits. The workman, Md. Ekbal Ansari was examined as workman witness No. 1. The petitioner took plea that the date of workman as recorded in his Personal Data Form was 20th March, 1940, but it was interpolated to 20th March, 1949 to take advantage. The counsel for the petitioner took similar plea before this Court that the date of birth of the workman, as was recorded in his Personal Data Form was interpolated and the year of birth was changed from 1940 to 1949.
(3.) ON 27th September, 2004, counsel for the petitioner was allowed to produce the original P.D. Form. The workman was also asked to state whether he requested to make necessary correction of his date of birth as was recorded in his Personal Data Form.;