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2014 DIGILAW 1025 (JHR)

Sura Bhumij v. Bharat Coking Coal Limited

2014-10-09

APARESH KUMAR SINGH

body2014
ORDER 1. Heard counsel for the parties. 2. The petitioner is aggrieved by the notice of retirement dated 26th April 2010 issued by the Additional General Manager, Eastern Jharia Area, Bharat Coking Coal Limited (Annexure-3) whereby he has been made to retire with effect from 31st August 2010 allegedly on reaching the age of 60 years. 3. Learned Senior counsel for the petitioner has made pointed reference to the Form-B Register enclosed as Annexure-1 where the date of birth of the petitioner is shown as 16th November 1953 as also service excerpts enclosed as Annexure-2 where again, same date of birth has been entered. Learned senior counsel has further referred to the information furnished under the R.T.I. by Public Information Office and Personnel Manager, Lodna Area dated 30th April 2010 (Annexure-4) which indicates that the date of birth of the petitioner as per Form-B Register is 16th November 1953. Identity Card of the petitioner at Annexure-5 also shows the same date of birth. 4. In distinction to the above, respondents in their counter affidavit have enclosed an opinion of the Medical Experts prepared on 12th August 1988 where the age of the petitioner has been assessed as 38 years. The date of appointment of the petitioner is 8th October 1973 as is evident from Annexure-1 Form-B Register as also Service Excerpts at Annexure-2. Respondents however have not disclosed whether any such correction was made in the Form-B Register as also in Service Excerpts of the petitioner after obtaining opinion of the Medical Experts. Document at Annexure-B shows the left thumb impression of the candidate while all the entries made in the said Medical opinion are in English. Vide Annexure-B to the counter affidavit, the petitioner is shown as holding the occupation of Dragger while notice of retirement at annexure-3 shows his designation as Gas Pipe Cleaner. 5. Upon consideration of the aforesaid assertion and denial of facts by the petitioner and the respondents and the documents on record, it clearly gives the impression that the petitioner has been made to retire at an age prior to his normal date of retirement which should have been governed by the date of birth entries recorded in the Form-B Register as well as Service Excerpts i.e. 16th November 1953. By that date of birth, the petitioner would have attained the age of 60 years in November 2013. By that date of birth, the petitioner would have attained the age of 60 years in November 2013. Therefore, it appears that there is no valid reason for the respondents to superannuate him with effect from 31st August 2010. No other company records, as are referred to in the notice of retirement, are borne on record and are enclosed to the counter affidavit. Respondent seems to have taken the plea that the Jharkhand Colliery Mazdoor Union has made a representation in respect of date of birth of the petitioner for reference of an industrial dispute before the Assistant Labour Commissioner, Dhanbad in which respondents have submitted their detailed representation and the Union had withdrawn the case and communicated to the Appropriate Government through letter dated 3rd October 2011. However, letter dated 03rd October 2011 is also not enclosed to the counter affidavit and neither such a plea can defeat the lawful claim of the petitioner against his premature retirement. The plea of the respondent that the petitioner has raised the dispute relating to his date of birth at the fag end of his service cannot be accepted as the petitioner has been retired prematurely contrary to the date of birth recorded in the statutory Form-B Register and Service Excerpts. 6. In such circumstances, the writ petition has to be allowed. Accordingly, the impugned notice of retirement dated 26th April 2010 (Annexure-3) is quashed since it is found that the respondents have arbitrarily and illegally superannuated the petitioner prior to his normal date of retirement in November 2013. They are obliged to pay full back wages to the petitioner for the period he remained out of service. Respondents would also release the admissible post retirement benefits to the petitioner treating his normal date of retirement as per date of birth recorded in the Form-B Register and Service Excerpts i.e. 16th November 1953. The writ petition is allowed in the aforesaid manner.