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2009 Supreme(SC) 1888

ALTAMAS KABIR, MUKUNDAKAM SHARMA
Damodhar – Appellant
Versus
Secretary Industrial, Energy and Labour Department – Respondent


ORDER :

Altamas Kabir, Mukundakam Sharma, JJ.

Delay condoned.

Leave granted.

The appellant is working in the establishment of the Registrar, Industrial Court, Maharashtra, Mumbai. His case was referred to the Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur, for verification of his tribe claim as Halba, Scheduled Tribe community, by a letter dated 25th January, 2006.

2. In order to verify the claim of the appellant, the Screening/Scrutiny Committee conducted an inquiry through the Police Vigilance Cell, which had also recorded the statement of the appellant's nephew on 7th August, 2006 regarding the socio-cultural traits, characteristics and customs, which did not seem to match those of the Halba Scheduled Tribe. The copy of the said report being served on the appellant, he disagreed with the same and subsequently, the Scrutiny Committee directed him to appear before it on 18th January, 2007.

3. When the matter was taken up for consideration by the Committee, the appellant indicated that he was withdrawing his claim as Halba Scheduled Tribe, but that he should be given the benefits of belonging to the Koshti Special Backward Category since in the meantime, an amend

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