S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been filed by the petitioner against the notice dated 3rd/4th May 2004, passed by 4th, respondent, whereby and where under, he has been informed that he will be completing 42 years of service and thereby he would retire on 31st October, 2004.
(2.) ACCORDING to the petitioner, he can not be subjected to retire prematurely, prior to attaining the age of superannuation i.e. 60 years of age. On the other hand, according to the respondents, the minimum age of 18 years, prescribed for appointment in the services of the respondents, the petitioner can not continue beyond 42 years of service. Brief facts of the case, as admitted by the parties, are that the petitioner was initially appointed on 20th October, 1962 as Cap Lamp In charge in one East Basuria Colliery, a private Colliery. After appointment, his date of birth was recorded as 1st November, 1945 in his service records, including other relevant records, which has not yet been changed. The said East Basuria Colliery was subsequently nationalized and made a Colliery under M/s Bharat Coking Coal Limited (in short 'M/s BCCI.) and services of the petitioner was also taken over. In the statutory Form -B, Register, the date of birth of the petitioner has been recorded as 1st, November, 1945. As per the Standing Order No. 31.0 'the age of retirement of the workman shall be 60 years in the Company.' The respondents treated the petitioner to have been appointed at the age of 18 years and thereby, on completion of 42 years of service, they treated him to have completed 60 years of age and thereby noticed him of his retirement with effect from 31st October, 2004.
(3.) THE stand of the parties has already been noticed above. According to the petitioner, his date of birth can not be changed and thereby he can not be made to retire prior to 60 years of age. On the other hand, as per the respondents, the petitioner having completed 42 years of service, can not be allowed to continue further.;