Sudama Singh v. South Eastern Coalfields Ltd. And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.1930 of 2008 Sudama Sing S/o Shri Raghu Nath Sing, age 56 yrs. Occupation Service, R/o Qu.No.43/08, Banki Side, Post & P.S. Banki Mongra, Tah. Katghora, Distt. Korba (CG) ---- Petitioner

Versus

1. South Eastern Coal Fields Ltd. Through Chief Mining Director, S.E.C.L. Head Office, Bilaspur

2. The General Manager, South Eastern Coal Field Ltd. Korba, Distt. Korba ---- Respondents For Petitioner :

Mr.Amiyakant Tiwari, Advocate For Respondents :

Mr.Vinod Deshmukh, Advocate appears on behalf of Mr.O.P.Agrawal, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 9/1/2018

1. Learned counsel for the petitioner would submit that date of birth of the petitioner is 1.2.1952, whereas it has been mentioned in service record as 11.4.1948 and the petitioner has been retired prematurely. Therefore, the case of the petitioner be referred to the Age Determination Committee constituted under the Implementation Instruction No.76 of the National Coal Wages Agreement for determining the correct and exact date of birth of the petitioner.

2. On the other hand, learned counsel the respondents would oppose the writ petition.

3. Taking into consideration the fact that the petitioner is seriously disputing the date of birth and considering the documents annexed with the writ petition, I deem it

appropriate to direct that the matter be referred to the Age Determination Committee constituted under the Implementation Instruction No.76 of the National Coal Wages Agreement, who shall consider and decide the correct and exact date of birth of the petitioner strictly in accordance with law within three months from the date of receipt/production of a copy of this order. Ordered accordingly.

4. With the aforesaid observation, the writ petition finally stands disposed off. No cost(s).

Sd/- (Sanjay K. Agrawal) Judge B/-