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Jharkhand High Court · body

2017 DIGILAW 1316 (JHR)

Murlidhar Singh, son of Late Muchi Singh v. Bokaro Steel Limited, through Chief Executive Officer

2017-08-01

RAJESH SHANKAR

body2017
JUDGMENT : 1. In the present writ petition, the petitioner has prayed for a direction upon the respondents to decide the re-presentations of the petitioner dated 11th April, 2014 and 15th May, 2014 (Annexures-3 and 3A, respectively, to the writ petition), wherein the petitioner has prayed for treating his date of birth as 20th November, 1957 by the Management of Bokaro Steel Plant. 2. On perusal of the memorandum of settlement dated 13th November, 2013 arrived at between the petitioner and the Management of Bokaro Steel Plant under Section 12(3) of Industrial Disputes Act, 1947, it appears that the Management of Bokaro Steel Plant/SAIL agreed to accept the date of birth of the petitioner as 11th March, 1954 for all practical purposes. On perusal of the writ petition, it does not appear that the petitioner raised any industrial disputes claiming his date of birth as 20th November, 1957. 3. Thus, in my considered view, the petitioner cannot make a claim that his date of birth should be accepted by the Management of Bokaro Steel Plant as 20th November, 1957, particularly considering the memorandum of settlement dated 13th November, 2013. Therefore, no direction can be issued to the respondent-Management of Bokaro Steel Plant, as prayed in the writ petition. 4. However, the Respondent No.2 is directed to look into the matter and get the fact verified as to whether the petitioner was made to retire before attaining the age of superannuation as per the accepted date of birth (i.e.11th March, 1954) in terms of the Memorandum of settlement dated 13th November, 2013 and on such verification, if it is found so, appropriate decision shall be taken by the Respondent No.2 for payment of retiral benefits, treating the age of the petitioner as 11th March, 1954. 5. The writ petition is disposed of in terms with the aforesaid observations and directions.