- (1.) Aggrieved by award dated 03.11.2008 in Reference No. 130 of 2000 whereby the superannuation of the respondentworkman with effect from 18.12.1998 has been held not justified, the present writ petition has been filed by the petitionerM/s B.C.C.L.
(2.) Briefly stated, the facts of the case are summarized thus: The respondentworkman was initially employed in National Coal Development Corporation Limited on 10.12.1962 and in the service register his age is recorded as 24 years as on 18.12.1962. Subsequently, service of the respondentworkman was transferred to the B.C.C.L. at Moonidih Colliery Area and on the basis of the service register of the respondentworkman with the National Coal Development Corporation Limited, another service book was opened by the M/s B.C.C.L. in which the age of the respondentworkman was recorded 24 years as on 18.12.1962. The said service excerpts was circulated to the respondentworkman who signed the same on 25.06.1987. Vide letter dated 16/19.01.1998 the petitioner was informed that he would superannuate with effect from 18.12.1998. Aggrieved, the petitioner raised an industrial dispute which was referred to the Industrial Tribunal vide order dated 28.02.2000. The Industrial Tribunal has answered the reference in favour of the respondentworkman vide award dated 03.11.2008.
(3.) A counteraffidavit has been filed on behalf of the respondentworkman stating that he produced the School Leaving Certificate dated 12.05.1976 to the Management. Accordingly, the Management issued Identity Card to the respondentworkman in which his date of birth was recorded as 01.02.1944. It is also stated that when the petitioner was employed with National Coal Development Corporation Limited his age was recorded as 24 years as on 18.12.1962 on the basis of doctor's report however, the said report was never produced before the Industrial Tribunal and therefore, age record in the service register of National Coal Development Corporation Limited could not have been taken into account. It is further stated that the Management has manipulated the record in as much as, in the service excerpts of the respondentworkman interpolation has been found by the Industrial Tribunal.;