- (1.) Heard learned counsel for the parties.
(2.) The petitioner is aggrieved vide office order dated 21.11.2012, Annexure-6, issued by the respondent No. 3, Project Officer, Keshalpur Colliery, AKWM, Colliery, Dhanbad as he has been deprived of the back wages on his reinstatement pursuant thereto.
(3.) He was a permanent employee of BCCL having entered service on 15.10.1982 as a Carpenter at Keshalpur Colliery, Katrasgarh, Dhanbad. It is the case of the petitioner that he was retired prematurely w.e.f. 01.02.2012 by the respondent on a misreading of correct date of birth. This was for the reason that notice of retirement, Annexure-1 itself was issued on 27.04.2012. On the petitioner's representation before the respondent enclosing relevant records in support of his claim for date of birth, the respondents permitted him to resume in service w.e.f. 22.11.2012. He, therefore, remained out of service for the period from 27.04.2012 to 21.11.2012. Upon the petitioner's representation, the parties arrived at settlement recorded in Form-H, Annexure-4 for resumption of his duties i.e. w.e.f. 22.11.2012 treating the date of birth as 14.01.1957 instead of 14.01.1952 with conditions incorporated in the settlement which was signed by the petitioner as well as by the representative of the Management and two other independent witnesses with a copy to the Labour Authorities. It shows that the petitioner's date of birth is accepted as 14.01.1957 instead of 14.01.1952 and he would be allowed to resume duties with immediate effect without back wages for the period he was idle till the date of resumption of his duties. The entire period of his idleness will be treated as dies-non, but it will be treated as continuous service for the purpose of calculation of gratuity only. It was specifically settled that he will never claim any wages for the period of idleness at any point of time in future before any forum. The pension amount due for the above idle period shall be deposited by the employee himself.;