Bharat Coking Coal Limited, a Company incorporated under the Companies Act v. Mahiruddin Ansari, son of late Ramzan Mian
2018-08-21
ANIRUDDHA BOSE, H.C.MISHRA
body2018
DigiLaw.ai
JUDGMENT : 1. I.A. No. 2415 of 2018 is an application for condonation of delay of 53 days in filing this appeal. 2. Having gone through this application, we are satisfied that the appellants were prevented by sufficient cause in preferring this appeal within time. We accordingly condone the delay. I.A. No. 2415 of 2018 stands disposed of. 3. The respondent-writ petitioner was made to retire by his employer, Bharat Coking Coal Limited, on 1st July, 2011 on the allegation that he had attained 60 years of age on that date. The company, which is the appellant before us, proceeded on the basis that his date of birth was 26th June 1951. The respondent-writ petitioner was appointed as a Loader on 12th September, 1980 at Govindpur Colliery Area No.III and in Form-B, his date of birth was recorded as 11th December, 1962. It appears that subsequently he was transferred to South Govindpur Colliery but his date of birth as originally recorded was not dispatched to the new location to which he was transferred. The learned First court has quashed the superannuation order primarily relying on the date of birth mentioned in the original Form-B. It appears from the judgment under appeal that the employer had also admitted the year of birth of the respondent-writ petitioner to be 1962 as is reflected in the original Form-B. 4. Learned First Court has also imposed cost of Rs. 25,000/-on the respondent-appellants. We do not want to interfere with the judgment and order of the learned First Court as we do not find any error in the said judgment. Cost has been imposed by the learned First Court in exercise of its discretion. We do not think that such discretion has wrongly been exercised. We accordingly dismiss the Letters Patent Appeal. 5. As we have disposed of the main appeal, I.A. No. 2450 of 2018 shall stand disposed of.