- (1.) HEARD the parties.
(2.) THE Management of Bokaro Steel Plant has filed this writ application praying therein for quashing the award dated 11/06/2002, passed by the Presiding Officer, Labour Court, Bokaro, whereby the Labour Court has held that the age of the workman at the time of his appointment was 33 years and not 43 years as claimed by the Management. Accordingly, it was held that the workman was entitled to continue in service till 31/03/2003 and, therefore, directed the Management to reinstate him with 50% back wages with other consequential benefits within three months. The learned counsel for the petitioner submitted that at the time of entry in service, the age of the petitioner was recorded to be 33 years on the averments made by him only but, subsequently, he was medically examined and he was found to be aged about 43 years and, accordingly, his age as mentioned in the Personal Data Form was corrected and was made 43 years. It is further submitted by the petitioner that the dispute regarding change of age in the service excerpts was raised by the workman only after his retirement and at that belated stage he cannot allowed to raise such dispute regarding his age.
(3.) FROM the impugned award, I find that the Labour Court has considered this point raised by the Management and held that there was no occasion for the workman to know about the scoring of his age in the Personal Data Form and, therefore, he had no occasion to challenge the same during his service period. He could know about the change of his age in the Personal Date Form only after he was made to retire by the Management. The Labour Court, on consideration of facts and materials available on record, held that in fact, the workman had declared his age as 33 years at the time of his entry into the service, but it was obnoxiously and improperly scored out by the employer without any justification with a view to force his retirement although he was entitled to continue to work till 31/03/2003. The workman had right to serve the Management till 31/03/2003. Accordingly, the Labour Court directed for reinstatement of the workman with 50 % back wages and other consequential benefits within three months.;