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Judgment
In the matter of dispute relating to date of birth, the Government of India, Ministry of Labour, in exercise of power conferred u/s 10(1)(d) of Industrial Disputes Act, 1947, referred the following dispute to the Tribunal:
Whether the action of the General Manager. Mohuda Area No. II of M/s. BCCL, P.O. Mohuda, District Dhanbad in refusing to accept the date of birth of Sh. Dalsinger Kahar, Miner/Loader as in the records of Amlabad colliery (Place of initial appointment) is justified ? If not, to what relief is the concerned workman entitled to?
After hearing the parties and on appreciation of evidence, the Tribunal answered the reference in negative, against the management. The date of birth of workman, as available in the original record i.e. Ist July, 1948, was accepted as the correct date of birth.
Learned Counsel for the appellant-management relied on the age of workman, as assessed by the Medical Board subsequently, to suggest that the said age assessed should prevail. But such submission cannot be accepted, as subsequent age assessed by the Medical Board, cannot prevail over the date of birth originally recorded and accepted by the Management and continued without change. The Management having not changed the date of birth, as recorded in the original service record, cannot act on the basis of the age assessed by the Medical Board at the fag end of service career of the workman.
This apart, the appeal having been preferred by the appellant after delay of 25 (twenty five) days, we are not inclined to interfere with the order passed by the learned Single Judge.
The appeal is dismissed. The petition for stay is rejected being infructuous.