Chhedilal Sandilya v. South Eastern Coalfields Ltd. And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.13 of 2013 Chhedilal Sandilya, S/o Shri Bhagwandeen Sandilya, Aged about 50 years, R/o MQ 143, Dipla Colony, Gevra Project, Gevra, P.S. Dipka, Distt. Korba (CG) ---- Petitioner

Versus

1. South Eastern Coalfields Limited Bilaspur through the C.M.D., S.E.C.L., Bilaspur, P.S. Sarkanda, Bilaspur, Distt. Bilaspur (CG)

2. Dy. General Manager, S.E.C.L., Gevra Project, Gevra, P.S. Dipka, Distt. Korba (CG)

3. Karmik Prabandhak, S.E.C.L., Gevra Project, Gevra, P.S. Dipka, Distt. Korba (CG) ---- Respondents For Petitioner :

Mr.B.P.Gupta, Advocate For Respondents :

Ms S. Harshita, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/1/2018

1. Learned counsel for the petitioner would submit that date of birth of the petitioner is 7.3.1962, whereas it has been recorded in service record as 15.6.1958. He would further submit that the petitioner has also submitted his explanation on 22.7.2005 for correction of his date of birth, but same has rejected by the respondent-SECL by memo dated 27.8.2008. Even the matter has not been considered by the Age Determination Committee constituted under the provisions of the National Coal Wages Agreement.

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

3. Be that as it may, the respondent-SECL is directed to refer

the case of the petitioner to the Age Determination Committee constituted under the provisions of the National Coal Wages Agreement within 30 days from today and the said Committee would determine the age of the petitioner within further two months. The petitioner is at liberty to make a fresh representation, if any.

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

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