SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Jhk) 1136

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Workman-Shahdeo Das, s/o late Matal Das – Appellant
Versus
Employer in relation to Management of Katras Area of M/s Bharat Coking Coal Limited, Dhanbad, through its General Manager Shri Deoraj, s/o late Rajnandan Prasad – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Parth Jalan, Advocate Miss Shivani Jaluka, Advocate
For the Respondent:Mr. Amit Kumar Das, Ms. Swati Shalini, Advocate

ORDER :

Shree Chandrashekhar, J.

The workman is aggrieved by the writ Court’s order dated 28th October 2021 passed in W.P.(L) No. 2866 of 2021 by which a challenge laid by the Management of Katras area of M/s. Bharat Coking Coal Limited at Dhanbad to the award dated 30th September 2020 has been accepted. The writ Court held that the workman did not made even a feeble attempt to explain the delay in raising a dispute as regards his date of birth.

2. The writ Court has held as under:

    “After hearing learned counsel for the petitioner, Mr. Amit Kumar Das and learned counsel for the respondent – Workman, Mr. Sachi Nandan Das and the judgment relied by both the sides, it appears that the admitted facts are as follows:-

The workman Shahdeo Das was inducted into service on 18.09.1990 at the age of 30 years as mentioned in Form 'B'. Till 2015, workman Shahdeo Das has never raised any dispute nor filed any representation, though on 31.10.2015, he has relied upon the certificate and admit card issued by Bihar School Examination Board of the year 1987, showing his date of birth to be 05.01.1972, the respondent - Workman has denied his signature and LTI on Form 'B' during his cross-examination, but

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon telegram-icon
            whatsapp-icon Back to top