DAYA RAM GAPE Vs. CENTRAL COALFIELDS LTD.

JUDGEMENT

(1.) THE case relates to date of birth of appellant. He was in the services of Central Coalfields Ltd. (C.C.L. for short), as Mining Sirdar in its Urimaari Project, Hazaribagh. The Project Officer, Urimari Project, vide letter No. 1935 dated 21st September, 1996 informed the appellant that his date of birth as recorded in service sheet being 17th March, 1937 he will retire w.e.f. 17th March, 1997.

(2.) THE appellant being not satisfied filed petition being C.W.J.C. No. 4235 of 1997 (R) and claimed his date of birth as 15th June, 1942. The learned Single Judge on hearing the parties and on perusal of record by impugned judgment and order dated 24th October, 1997 held that there being disputed question of date of birth, the correctness and genuinity of the certificate filed by the petitioner having challenged, it was not possible for him to accept the version of anyone of the parties without entering into the evidence minutely and opined that the question raised cannot be determined under Article 226 of the Constitution of India. The appellant -writ petitioner was allowed to avail appropriate remedy approaching the Civil Court of competent jurisdiction. With the aforesaid observations, the writ petition having dismissed, the present appeal has been preferred against the judgment of the learned Single Judge.

(3.) IN this context, the counsel for the appellant placed reliance on an Instruction No. 76 of National Coal Wage Agreement (N.C.W.A. for short), wherein certain stipulation made to determine the age in accordance with the requirement of "Medical Jurisprudence", if dispute raised between the parties relating to age/date of birth.