Rajesh Shankar, J. - (1.) The present writ petition has been filed for quashing the award dated 15.04.2010 passed by the learned Central Government Industrial Tribunal No.2 at Dhanbad in Reference No. 70/2004.
(2.) The factual matrix of the case is that the petitioner was working as Electrician at Tapin North Colliery since 22.11.1974. A dispute relating to the date of birth of the workman/petitioner was raised through the Union, which was subsequently referred to the Central Government Industrial Tribunal No.2, Dhanbad and numbered as Reference Case No. 70/2004. The term of the reference was "whether the action of the Management of Tapin North Colliery of M/s C.C.L not to accept 06.06.1951 as the date of birth of Shri Rahimuddin Ansari, the workman is justified If not, to what relief is the concerned workman entitled" The learned Tribunal finally passed an award dated 15.04.2010 and answered the reference in favour of the Management holding that the Form 'B' Register, Service-Book and L.T.C Form 'A' from 16.06.1995 to 24.06.1995 support the fact that the date of birth of the petitioner is 06.06.1948.
(3.) The learned counsel for the petitioner submits that the Age Determination Committee/Age Fixation Committee, constituted for assessing the age of those workmen who had no Matriculation certificate, had assessed the age of the petitioner as 35 years on 06.06.1986, which was later on tampered by the Management. It is further submitted that in the service excerpts issued to the petitioner on 01.04.1987 and the L.T.C Form 'A' filled up by the petitioner on 22.12.1999, his age has been shown as 06.06.1951. It is further submitted that the respondentManagement prepared a Service-Book on the basis of concocted and fabricated information, which has not been signed by the then competent authority. It is further submitted that immediately after coming to know about the wrong entry of the date of birth in some important records, the petitioner made representation on 28.08.1998 to the Project Office, Tapin North Project, C.C.L and requested for correction in the said wrong entry. Thereafter, the petitioner constantly agitated the matter before the Management and finding no option, raised an industrial dispute through the Union. It is further submitted that the Doctor (Thakur S.K Singh), who was the Medical Officer of the Age Determination Committee, has stated in his deposition that on 06.06.1986, the concerned workman was medically examined for determination of his age and on 06.06.1986, his age was declared as 35 years. It is further submitted that the petitioner has been forcefully made to retire on 30.06.2008 treating his date of birth as 06.06.1948.;