- (1.) HEARD the learned counsel for the parties.
(2.) THE petitioner, in this writ application, has prayed for quashing the order dated 2.8.2006 (Annexure -6), passed by the Project Officer, Jamunia O.C.P. Area of the B.C.C.L. (Respondent No.5), whereby the petitioner was communicated that he would superannuate with effect from 28.2.2007, on the basis of his date of birth entered in his service records as 15.2.1947. The facts of the petitioner's case in brief are as follows: - The petitioner was appointed in service in the Jamunia Open Cast Project of the Respondent -B.C.C.L., on 31.1 .1973 on the post of Miner Loader. At the time of his appointment, his service records were opened, mentioning the details of his personal information including the date of birth, which was recorded as 15.2.1947. The petitioner in the year 1986, passed the Mining Sardarship and was given a Mining Sardar Certificate in which his date of birth was recorded as 6.2.1950. This, date of birth was in accordance with the recordings in the School Transfer Certificate, recorded on 12.10.1979. In the year 1987, pursuant to the Implementation Instruction No. 76 as contained in the National Coal Wage Agreement -III, and in order to stabilize the service records of its employees, the employees. were given Nominee Forms containing the details of their service records. The petitioner was also given his Nominee Form and on perusal of the same, he found that the particulars in respect of his Father's name, Permanent Address, and date of appointment as recorded in the Form -B Register, was incorrect. He raised his grievance over the wrong recordings in the Form -B Register and prayed for making the necessary corrections. The petitioner, had besides the other corrections, specifically stated that his date of birth, as recorded in the Mining Sardar Certificate, is 6.2.1950 and the erroneous entry made in the service records should be corrected, accordingly. On receipt of the petitioner's objection, the Project Officer, Jamunia Open Cast Project (Respondent No.5), forwarded the petitioner's objections to the concerned authorities for making the necessary corrections of the personal details of the petitioner in the service records. The petitioner learnt later, that though his Father's name and permanent address was corrected in the Form -B Register, but his date of birth and date of appointment were not corrected. He submitted a fresh representation before his Project Officer (Respondent No.5), and when his grievance was not redressed, he raised a dispute through his Union, which had also pressed before the concerned authorities to correct the entry of the petitioner's date of birth on the basis of the Mining Sardar Certificate. In spite of repeated persuasions, the Respondents did not correct the purported erroneous entry of his date of birth in his service records and instead, proceeded to serve an impugned notice of superannuation with effect from 28.2.2007, although according to the petitioner, he would have attained the age of superannuation only on 28.2.2010.
(3.) ASSAILING the impugned order, learned counsel for the petitioner would submit that as per the terms of the Joint Bipartite Agreement recorded under the National Coal Wage Agreement -III, the School Leaving Certificate and the Mining Sardar Certificate have to be treated by the Respondents as authentic documents in proof of the date of birth of the employee, unless the same was disputed as a non -genuine Certificate. The Respondents have not disputed the genuineness of the Certificates and therefore, they are bound to accept the same and to correct the entry of the date of birth of the petitioner in his service records. Learned counsel adds further that it is not a case where the petitioner has raised the dispute at the fag end of his service. Rather, even at the time when he was given his Nomination Form in the year 1987, from which he found that the entries were incorrect, he lodged his protest, raising objections to the erroneous entries and demanding corrections of the same but though corrections have been made in respect of the Father's name and permanent address of the petitioner, but corrections were not carried out in respect of the date of birth and date of joining of the petitioner's service and no reason have been assigned for refusing such corrections.;