BHARAT COKING COAL LIMITED Vs. PARESH CHANDRA GORAI

JUDGEMENT

(1.) This is directed against judgment and decree dated 11 th September, 2009 passed by learned Civil Judge (Senior Division) Asansol, District Burdwan in Title Appeal No.22 of 2009 confirming the judgment dated 30 th April, 2009 and decree thereof passed by learned Civil Judge (Junior Division), 2 nd Court, Asansol in Title Suit No.26 of 2009.

(2.) The respondent filed said suit alleging that he was an employee of Bharat Coking Coal Limited working under defendant No.3 and that at the time of his appointment on 18 th April, 1973 he produced his school leaving certificate to show his date of birth as second of December, 1952 and that it was accordingly recorded in the identity card issued by the defendant company. It is further case that in the year 1989 Chairman Coal India Limited introduced a system of wishing every worker of the company on his birth day and the same was also endorsed in the pay slip of the concerned employee and accordingly the plaintiff was wished on his date of birth i.e., on 2 nd of December, 1952. However, the defendant company suddenly issued a letter being No.DC/Sr. PO/Superannuation/1733 dated 1/5.11.2008 to the plaintiff intimating that he would retire on and from 30 th of April, 2009 and at that time the plaintiff came to know for the first time that his date of birth was wrongly recorded as 18.04.1949 in place of his correct date of birth i.e., 02.12.1952. Plaintiff's representation for correction of his date of birth was not entertained by the company.

(3.) The plaintiff was compelled to file the present suit praying for declaring that the impugned letter dated 1/5.11.08 was void and illegal and that the plaintiff would be entitled to serve the company upto 02.12.2012 in view of his correct date of birth being 2 nd of December, 1952 and for permanent injunction and other consequential reliefs.