M.KARPAGA VINAYAGAM, C.J. - (1.) KAMTA Pandey, the petitioner, an employee of M/s. Bharat Coking Coal Ltd., the respondent, has raised the dispute about the date of birth. According to the petitioner, his date of birth, as reflected in the Matriculation Certificate, is 1.7.1951. The respondents have, however, disputed the date of birth recorded in the Matriculation Certificate and insisted on the date of birth recorded in the Form 'B' Register, which is said to be the statutory one. Hence, the petitioner has chosen to approach this Court by filing a writ of mandamus.
(2.) AT the time of hearing before the learned Single Judge, two judgments passed by the Division Bench of this Court giving conflicting views were brought to the notice of the learned Single Judge. The Division Bench, comprising of Hon'ble Mr. Justice Altamas Kabir (then Chief Justice) and Justice R.K. Merathia in the case of Awadhesh Singh v. The Bharat Coking Coal Ltd. and Ors. 2005 (2) JCR 474 (Jhr.) held that as per the Instruction 76, the date of birth, as mentioned in the Matriculation Certificate alone has to be taken to be conclusive proof and not the entry in the service register. On the other hand, the other Division Bench comprising of Justice M.Y. Eqbal and Justice D.P. Singh, in L.P.A. No. 50 of 2006 Bipin Bihari Singh v. Central Coalfields Ltd. and Ors. held that the date of birth mentioned in the Matriculation Certificate will not prevail upon the service records admitted and acknowledged by the employee and service register alone has to be taken to be conclusive proof.
(3.) IN view of the conflicting views of the Hon'ble Division Benches of this Court in the aforesaid two judgments and considering the mutual relationship between the employer and the employee, who are governed by National Coal Wage Agreement, learned Single Judge felt that it would be appropriate that the controversy be resolved by a Larger Bench, Accordingly, learned Single Judge has referred the matter with the following question: Whether the date of birth recorded in the Matriculation Certificate duly authenticated should be considered as the conclusive proof of age or the age determined by the Medical Board and other service record?;