ORDER :

I.A. No. 1592 of 2020

The present Interlocutory Application has been filed for condonation of delay of 240 days in filing the instant appeal though as per stamp reporting, there is delay of 165 days in filing the instant appeal.

2. Heard learned counsel for the parties.

3. No counter affidavit has been filed opposing the prayer for condonation of delay.

4. Having regard to the averments made in this application, we are of the view that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation.

5. Accordingly, I.A. No. 1592 of 2020 is allowed and the delay in preferring the appeal is condoned.

L.P.A. No. 109 of 2020

The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 06.07.2019 passed by learned Single Judge of this Court in W.P. (L) No. 235 of 2014 whereby and whereunder the writ petition has been dismissed by declining to interfere with the Award dated 16.04.2013 passed by the learned Presiding Officer, Central Government Industrial Tribunal (No. 1), Dhanbad in Ref. No. 58 of 1998 whereby and whereunder the Award has been passed by holding the workman to be continued in service accepting his date of birth as 07.06.1948. If he has superannuated in the meantime, the Management to clear up his dues forthwith within three months.

6. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under:

The workman, namely, Ganesh Turi, Ex. T.R. Worker Amolo Dohri Area Project was the employee of Central Coalfields Limited. As per the record maintained in the Office of the petitioner-company, the date of birth of said Ganesh Turi was recorded as 09.06.1935.

As per the norms of the Central Coalfields Limited, the workman superannuated on attaining the age of 60 years treating his date of birth as 09.06.1935.

It is the case of the petitioner that in the year 1987 all the employees were supplied with the service excerpts and in the said service excerpts, the date of birth of the respondent workman was indicated as 09.06.1935 and the workman was directed to raise objection, if any but in spite of all the particulars, the workman did not object and return the service excerpts without objection in respect of the date of birth.

It is the further case of the petitioner–company that at the fag end of the service career, the workman raised an industrial dispute claiming his date of birth as 07.06.1948 though the Form-B Register which is a statutory register, shows his date of birth as 09.06.1935 and which bears the thumb impression of the workman.

It is the case of the petitioner that vide order dated 14.08.1988, the Central Government referred the dispute under Section 10 of the Industrial Disputes Act for adjudication which was instituted as Reference Case No. 58 of 1998.

On being noticed, the Central Coalfields Limited appeared and filed written statement-rejoinder before the learned Tribunal. The respondent workman also filed his written statement claiming his date of birth as 07.06.1948.

Thereafter the matter was heard on merit and vide order award dated 16.04.2013, learned Tribunal answered the reference in favour of the workman-respondent and held that “the action of the management of Amlo Project, C.C.L. In superannuating Sri Ganesh Turi, T.R. Worker by not correcting his date of birth as per C.M.P.F. Records is illegal and not justified. Therefore, the workman's service continuity be maintained accepting his date of birth 07.06.1948. If he is superannuated in the meantime, the management to clear up his dues forthwith preferably within 3 months.

The petitioner Management, being aggrieved with the aforesaid Award, challenged the same before this Court by filing writ petition being W.P. (L) No. 235 of 2014 on the ground that the learned Tribunal has relied upon the extract of CMPF Register but discarded the Form-B the Register which is a statutory register.

The