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2021 Supreme(Bom) 1702

SUNIL B.SHUKRE, ANIL L.PANSARE
Brij Bihari Singh S/o. Bacchan Singh – Appellant
Versus
Western Coalfields Ltd. , Nagpur – Respondent


Advocates Appeared:
For the Petitioner: B. Lahiri.
For the Respondent: S.S. Ghate, C.J. Dhumane.

JUDGMENT :

Sunil B. Shukre, J.

Heard.

2. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for the parties.

3. The petitioner had once knocked at the doors of this Court by filing the petition which was Writ Petition No. 6582 of 2013. In that petition, he had sought a direction to the respondents to correct his father’s name from Ram Bacchan to Bacchan and also to correct his date of birth from 28-11-1954 to 1-8-1963 in service record.

4. By the judgment passed on 18-6-2014, this Court dismissed the aforesaid petition. It was held that the reliefs sought by the petitioner could not be granted in exercise of the writ jurisdiction. It was observed that this Court was not in a position to adjudicate upon the issue regarding correct date of birth of the petitioner and correct name of his father.

5. It appears that after dismissal of the petition, the petitioner did not approach the Assistant Labour Commissioner under section 10(1) of the Industrial Disputes Act, 1947 within a reasonable period of time. On behalf of the petitioner No. 1, on 2nd July, 2018 secretary of petitioner No. 2-Union, for the first time, filed an application before the Assistan

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