(1.) AFTER hearing the learned counsel for, the parties an agreed arrangement has emerged whereby, in modification of the impugned Judgment dated 20.11.2001, it has been agreed upon between the parties that instead of submitting the documents etc. to the respondents, as directed in the aforesaid impugned Judgment, the documents etc. shall be submitted before Mrs. Shakuntala Sinha, presently Senior Legal Advisor, Jharkhand State Electricity Board. Mrs. Shakuntala Sinha is, accordingly, appointed as the One Person Tribunal/Authority to examine, scrutinize and consider the cases of all workmen, who had been issued the impugned notices by the respondents with respect to the disputed date of birth and for undergoing Medical Examinations.
(2.) IRRESPECTIVE of whether the workmen or any one of them do or does not possess any documentary evidence in support of the recorded date of birth, Mrs. Sinha shall nonetheless examine the cases of all the workmen with or without the reference to the documents available or to be made available. If she finds that with respect to any workman or workmen, there is no need to refer him or them to a Medical Board for Medical Examination for determining the age, the matter shall stand concluded there and that workman or workmen shall, accordingly, superannuate on retirement oh the basis of the recorded date of birth. However, if she finds that any workman is or workmen are, required to be examined by a Medical Board for determining the age, such workman or workmen shall, accordingly, be examined by the Medical Board and based on the opinion/ findings of such Medical Board, the age of the workman/workmen shall, accordingly, be deemed to be the correct age. The entire exercise shall be completed by Mrs. Sinha within a period of three months from today. Mrs. Sinha shall take up the cases of such workmen on urgency and priority basis, who are retiring earlier, if at all. The Electricity Board shall pay to Mrs. Sinha the remunerations at the scale she has been drawing at present for a period of three months for completing the aforesaid job.
(3.) BECAUSE of the aforesaid arrangement, there is no need for Mrs. Sinha to issue any notices to the Petitioner -Union or to any workman because Mr. M.M. Banerjee, learned counsel appearing for the Petitioner has undertaken before us that the Petitioner -Union and all the concerned workmen shall themselves appear before Mrs. Sinha on 28.02.2003 at 11.00 a.m. at her office. It shall be the responsibility of Mrs. Indrani Sen Chaudhary, learned counsel appearing for the Electricity Board to communicate this order to Mrs. Sinha positively by 26.02.2003.