ORDER :

1. The petitioner herein calls in question legality, validity and correctness of the order dated 3-1-2008 (Annexure P-1) by which the petitioner’s date of birth has been determined as 11-5-1950 by the Age Determination Committee pursuant to the direction issued by this Court in W.P.(S)No.5287/2006 on 4-10-2006 directing the Age Determination Committee to determine the correct age of the petitioner.

2. It is the case of the petitioner that he was appointed by the South Eastern Coalfields Limited (SECL) on the post of Electric Fitter on 2-2-1976 and his date of birth has wrongly been entered as 11-5-1950, whereas his actual date of birth is 2-7-1960. Since the authorities did not hear, he was required to file writ petition in which the matter was referred to the Age Determination Committee and it is the case of the petitioner that the Age Determination Committee has not looked into the Primary School Certificate dated 28-4-1972 and the Transfer Certificate dated 1- 3-1978 in which date of birth of the petitioner has been recorded as 2-7-1960, as such, the petitioner’s date of birth has not been determined in accordance with law.

3. Return and additional return have been filed by the respondents/SECL stating that in statutory Form ‘B’ registered under Section 48 of the Mines Act, 1952 and in the Service Register in Form PS – 3 and Form PS – 4, date of birth of the petitioner has been recorded as 11-5-1950 and the Age Determination Committee on the basis of medical evidence has recorded his date of birth as 11-5-1950.

4. Mr. A.K. Prasad, learned counsel appearing for the petitioner, would submit that the Age Determination Committee is absolutely unjustified in holding that the age of the petitioner is 55-60 years on the date of medical examination and date of birth of the petitioner has illegally been held to be 11-5-1950 which is contrary to law and Implementation Instruction No.76 issued under the National Coal Wage Agreement and it is liable to be set aside.

5. Mr. Vinod Deshmukh, learned counsel appearing for the respondents/SECL, would submit that in the statutory Form ‘B’, Service Register, Forms PS-3 & PS-4, date of birth of the petitioner has been recorded as 11-5-1950 on which the petitioner has also signed. He would further submit that the documents Primary School Certificate and Transfer Certificate are not the documents under the Implementation Instruction No.76 issued under the National Coal Wage Agreement, as such, the writ petition deserves to be dismissed.

6. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection.

7. In order to consider the plea raised at the Bar, it would be appropriate to notice the relevant provision contained in Implementation Instruction No.76 which is a part of National Coal Wage Agreement III and which provides procedure for determination/verification of the age of the employees, and for resolution of disputed cases of Service Records, framed by the Joint Bipartite Committee for the Coal Industrial of Coal India Limited. In Implementation Instruction No.76, the procedure is divided in two parts, Para (A) provides for Determination of the age at the time of appointment whereas Para (B) provides for Review/determination of date of birth in respect of existing employees. In order to consider the plea raised at the Bar, it would further be appropriate to reproduce Para (A) (ii) which provides for determination of the age at the time of appointment. It reads as follows: -

“ii) Non-matriculates but educated.

In the case of appointees who have pursued studies in a recognised educational institution, the date of birth recorded in the School Leaving Certificate, shall be treated as correct date of birth and the same will not be altered under any circumstances.”

8. Para (B) of Implementation Instruction No.76 provides for Review/determination of date of birth in respect of existing employees whic