EMPLOYERS IN RELATION TO THE MANAGEMENT OF TEGULMARI COLLIERY Vs. THEIR WORKMEN BEING REPRESENTED BY THE REGIONAL PRESIDENT
LAWS(JHAR)-2008-5-23
HIGH COURT OF JHARKHAND
Decided on May 13,2008

Employers In Relation To The Management Of Tegulmari Colliery Appellant
VERSUS
Their Workmen Being Represented By The Regional President Respondents

JUDGEMENT

- (1.) IN this writ petition the petitioner has prayed for quashing the award dated 5.3.03 of the Central Government Industrial Tribunal NO.2, Dhanbad whereby learned Tribunal has answered the reference in affirmative and directed the Management to assess the age of the concerned workman Smt. Champa Kamin at the fag end of her service.
(2.) THE said workman was appointed as Miner Loader at Tetulmari Colliery on 20.1.1973. At the time of her appointment she had declared her date of birth as 6.7.1942, which was entered in the service record of the Company in the statutory Form -B Register. There was no variation and alteration in the entry of date of birth of the concerned workman at any point of time, in any record of the Company. Suddenly in the year 1998 the concerned workman raised a dispute complaining that her date of birth was not correctly entered in the service record and the date mentioned in the record is without any basis and knowledge of the concerned workman, who is an illiterate lady.
(3.) ON failure report, the appropriate Government referred the dispute to the Central Government Industrial Tribunal No. 2, Dhanbad under the provisions of Section 10(1 )(d) of the Industrial Disputes Act, 1947.;


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