- (1.) HEARD the parties.
(2.) ACCORDING to petitioner there are more than one employee with the similar name of the petitioner. Petitioner is son of late Haru Bari. His personal number is 00687814. His date of birth is 25.11.1948 in Form B Register and in all the records of the company. When petitioner was transferred to Baseria Colliery, his date of birth was recorded in E.D.P. as 6.5.1944. There was inter -department correspondence to ascertain the correct date of birth. By letter dated 12.2.2004 (Annexure -7) such clerical mistake was accepted. It was found that the date of birth of other employee having same name with personal number 00689646 was recorded in the E.D.P. of the petitioner by mistake. In spite of the said position, petitioner was retired in May 2004 whereas he would have superannuated in November, 2008. It is further submitted that the Dy. C.P.M. (IR.L) by the impugned letter dated 9/10.2.20.05 has refused to correct the date of birth of the petitioner. Mr. Mehta appearing for respondents submitted that the matter will be examined by the Chief General Manager (Personnel), Koyla Shawan, Dhanbad.
(3.) IN the circumstances, petitioner will file a fresh representation before the said authority who will examine the matter and pass a reasoned order in accordance with law. If he finds that petitioner's contention is correct, he will immediately allow him to join duties and will also consider as to how the petitioner can be suitably compensated for the intervening period. if he was not at fault. However, if he finds that petitioner's contention is not correct, he will assign the reasons to him. This exercise should be completed within two months from the date of receipt of such representation.;