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2005 DIGILAW 199 (JHR)

Steel Authority Of India Ltd. v. Presiding Officer, Labour Court, Bokaro Steel City

2005-03-10

SUDHANSU JYOTI MUKHOPADHAYA

body2005
JUDGMENT S.J. Mukhopadhaya, J. 1. This writ petition has been preferred by M/s. Steel Authority of India Limited (SAIL for short) against the Notification No. 7/Lab. D-36013/ 99 L&E-221, dated 7th August, 1999, whereby the Government of Bihar referred the dispute for adjudication before the Labour Court, Bokaro Steel City, Bokaro. The petitioner has also challenged the Award dated 12th June, 2002, pronounced on 4th September, 2002 by learned Presiding Officer, Labour, Court, Bokaro Steel City, Bokaro in Reference Case No. 23/99, whereby and whereunder, the Reference has been answered in favour of the workman. The petitioner has been directed to reinstate him (Md. Ekbal Ansari) treating his date of birth as 20th March, 1949. 2. It appears that Md. Ekbal Ansari was a Senior Technician-cum-Operative, Staff No. 275132 under the petitioner and was posted in the S.D. Department of Bokaro Steel Plant. He was retired from service treating his date of birth as 20th March, 1940. Thereafter, Md. Ekbal Ansari raised an industrial dispute and alleged that his service has been wrongly terminated nine years before his actual date of superannuation. The Government of Bihar, in exercise of power conferred by Clause (c) of sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 (14 of 1947), referred the following dispute to the Labour Court for its adjudication : "Whether the retirement before the time of Shri Ekbal Ansari, Staff No. 275132, Ex Operative S.S.D., workman of M/s. Bokaro Steel Plant, Bokaro Steel City is justified? If not, what relief the workman is entitled to?" 3. The petitioner, M/s. SAIL examined one witness, MW 1, Diwankar Bhach and produced certain exhibits. The workman, Md. Ekbal Ansari was examined as workman witness No. 1. The petitioner took plea that the date of workman as recorded in his Personal Data Form was 20th March, 1940, but it was interpolated to 20th March, 1949 to take advantage. The counsel for the petitioner took similar plea before this Court that the date of birth of the workman, as was recorded in his Personal Data Form was interpolated and the year of birth was changed from 1940 to 1949. 4. On 27th September, 2004, counsel for the petitioner was allowed to produce the original P.D. Form. The workman was also asked to state whether he requested to make necessary correction of his date of birth as was recorded in his Personal Data Form. 4. On 27th September, 2004, counsel for the petitioner was allowed to produce the original P.D. Form. The workman was also asked to state whether he requested to make necessary correction of his date of birth as was recorded in his Personal Data Form. 5. The counsel for the SAIL produced the original Personal Data Form of the workman, Md. Ekbal Ansari (Exhibit-M3), from which it is clear that the date of birth of Md. Ekbal Ansari is recorded as 20th March, 1949. Learned counsel for the petitioner tried to raise doubt and submitted that near the date of birth, the paper was rubbed, somebody tried to interpolate the year of birth. He suggested that the date birth was originally recorded as 20th March, 1940 but it was changed to 20th March, 1949. But from a bare perusal of the Personal Data Form, as it appears that the date of birth of the workman is 20th March, 1949, such submission cannot be accepted. I also find that the learned Presiding Officer, Labour Court, Bokaro Steel City, Bokaro after perusal of Personal Data Form (Exhibit-M3), came to a definite conclusion that the date of birth of the workman is 20th March, 1949, and by no stretch of imagination, it can be said that 1940 was the year recorded against the column three. 6. In view of aforesaid finding of facts, as narrated above and the date of birth, as recorded in the Personal Data Form of workman, I find no ground made out to interfere with the Award. There being no merit, this writ petition is dismissed.