PER HARI SHANKAR PRASAD, J. - (1.) ALL those three writ applications are more or less similar and arising out of the same point of law, hence they are being disposed of by this single judgment. Writ Petition No. 5177 of 2002 has been filed on behalf of Petitioner Lato Barhi for quashing the order dated 16.7.2001, whereby and where under the Respondent No. 2 has refused to refer the dispute under section 10(1)(C) of the Industrial Disputes Act and to direct the Respondents to make a reference of dispute in relation to the Petitioner of Basuria Colliery of Kusunda Area of M/s. BCCL, to an appropriate Tribunal for adjudication.
(2.) FACTS of the case are that the Petitioner is working under Respondent No.3 as a pump operator at Gondudih Colliery under Kusunda area. He was employed on 31.1.1973 and his date of birth mentioned in the identity card is 12.8.1950 and he was shown to be aged 31 years on 19.12.1980. (Annexure 1). The Respondent No. 3 issued service extract, vide letter dated 30.6.1996, in which it has been stated that Petitioner 's age was 31 years on 18.12.1960 (Annexure 2). The Petitioner in the year 2000 came to know that his date of birth has been changed to 33 years on 18.12.1980 as per IBM sheet and the Petitioner was never informed about the aforesaid change of age. It is stated that Petitioner is under bona fide impression that his date of birth is 12.8.1950 and will be superannuated on the basis of this date of birth but when he came to know that his date of birth has been changed to 33 years as on 12.8.1980, he approached before the Assistant Labour Commissioner/Central), Dhanbad for conciliation on 3.7.2000 through the secretary, Rashtriya Colliery Mazdoor Sangh, of which the Petitioner is a member. The Assistant Labour Commissioner (Central), Dhanbad called both the parties for discussion and management and the Petitioner appeared before the Assistant Labour Commissioner and management filed its show cause on 17.10.2000 and the Petitioner also filed a rejoinder to the objection on 19.9.2000 and on 19.4.2001 but the Assistant Labour Commissioner sent his failure report to the Respondent No.2, vide letter dated 27.4. 2001. The Respondent No.2 refused to refer the dispute to the Labour Tribunal on the ground that age of the Petitioner was determined by the Medical Board in 1980 and, therefore, it is not maintainable. It is stated that Petitioner for the first time came to know about the change in his date of birth in the year 2000 and he immediately raised dispute before the Assistant Labour Commissioner (Central), Dhanbad in time. A counter affidavit has been filed on behalf of the Respondent No.3, from perusal of which it appears that the Medical Board constituted in the year 1980 assessed the age of the Petitioner as 33 years on 19.12.1980 and accordingly his date of birth comes to 19.12.1947 and the age assessed by the Medical Board in 1980 became final, conclusive and binding between the parties and no industrial dispute existed in the year 2000 i.e. after 20 years of medical examination. So far as point formulated in para 3, it is stated that the appropriate Government has a right to refuse to refer the dispute for adjudication on several grounds by forming its own opinion and appropriate Government is not duty bound to refer all disputes for adjudication, which are flimsy, finally, concluded and already decided by way of instances and illustrations.
(3.) WRIT Petition No. 1186 of 2002 has been preferred by Sri Bhagirath Sharma, Zonal Secretary on behalf of Sri Ram Prasad, Inder Mallah and Moti Chand of Karo Open Cast Mines of M/s. Central Coalfields Limited for quashing of the order dated 17.4.1999 (Annexure -4), whereby and where under the Respondent No.1 has refused to make a reference of the dispute and has rejected the same.;