Bishnoo vs Western Coalfields Limited

The short controversy involved in this case is that whether the case of the appellant is to be referred at the first instance to Age Determination Committee or is to be relegated to the Labour Court to avail remedy u/s 10 of the Industrial Disputes Act. Learned counsel for the appellant submitted that as per tripartite agreement between the Western Coal Field Limited and the employees, in case of such type of dispute, then the matter is to be referred at the first instant to the Age Determination Committee but learned Single Judge has directed that the matter be agitated before the Labour Court under the provisions of Industrial Disputes Act.

It is submitted that in an identical matter i.e. W.P. No. 3721/2011, directions were issued to refer the matter at the first instance to the Age Determination Committee and thereafter the aggrieved party was permitted to assail it before the Labour Court. It is also submitted that in various documents of respondent, the age of the appellant has been recorded differently, therefore, it is a fit case where the matter could have been sent to Age Determination Committee at the first instance.

Shri Jain, learned counsel for the respondents submitted that in fact, the initial declaration furnished by the appellant while entering into the service reveals that the date of birth of the appellant is 6.6.1948, therefore, there is no variation of date of birth in the record. It is also submitted that determination of the date of birth of the appellant by the High Power Committee is correct. However, he has not disputed the factual position that the various documents are reflecting the age of the appellant differently.

Para ''C'' of the Instruction No. 76 of procedure for determination/verification of age of employees provides as follows:

(C) Age Determination Committee/Medical Board for the above will be constituted by the Management. In the case of employees whose date of birth cannot be determined in accordance with the procedure mentioned in (B)(i)(a) or (B)(i)(b) above, the date of birth recorded in the records of the company, namely, Form B register. CMPF Records and Identity Cards (untampered) will be treated as final. Provided that where there is a variation in the age recorded in the records, mentioned above, the matter will be referred to the Age Determination Committee/Medical Board constituted by the Management for determination of age.

As in the record in respect of date of birth of the appellant, there are different entries, we find that at the first instance the matter should be referred to the Age Determination Committee so that the controversy may be put at rest. Accordingly, we direct the respondents to follow at the first instance the provisions as contained in Para ''C'' of Instruction No. 76 and accordingly we dispose of the matter finally. No order as to costs.