HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 2372 OF 2016

O R D E R:

Petitioner’s case is that he was appointed as General Mazdoor in September 1978 in respondent Singareni Collieries Company Limited, promoted to the post of Cane Operator in 1979. It is stated, as per school records, his date of birth is 04.12.1958, therefore, he has to be retired from service on attaining the age of superannuation at 60 years on 31.12.2018, however, he came to know recently that he had been retiring with effect from 30.09.2015. He brought to the notice of this Court the order dated 19.06.2008 in Writ Petition No. 12642 of 2008 wherein respondents were directed to treat the SSC certificate as the basis for determination of date of birth. Writ Appeal No. 1621 of 2008 preferred thereagainst was dismissed by order dated 19.06.2008 and accordingly, respondents implemented the said order in respect of petitioner therein.

It is stated, petitioner also filed Writ Petition No.

8479 of 2014 seeking directions to respondents to incorporate the date of birth as 04.12.1958 in his service records, as per the school records. This Court considered the said Writ Petition along with Writ Petition No. 33343 of 2012 and batch and vide judgment dated 31.03.2015 observed that ‘it shall however be open to respondents to get every certificate produced by the petitioners verified on their own. It is clarified that composition of the Apex Medical Board would be as per the settlement arrived at between the company and the recognised employees union, if one such settlement is available. Thereafter, petitioner submitted a detailed representation dated 28.04.2015 to consider his case for continuation up to 31.12.2018 by treating his date of birth as 04.12.1958, however, through proceedings dated 26.10.2015, the 2nd respondent informed that according to the decision of the Apex Medical Board, his date of retirement would be 30.09.2015 and retired him on 28.02.2015.

2. Leaned counsel for petitioner Sri A.K. Jayaprakash Rao submits that his client’s transfer certificate, driving licence and Aadhar Card and the declaration submitted to Coal Mines Provident Fund reflect the date of birth as 04.12.1958, however, the respondent Organisation, without any basis, have issued the order dated 26.10.2015 retiring him on 30.09.2015. According to learned counsel, the respondent organisation issued Circular dated 23.12.2003 for implementation of guidelines and instructions in the JBCCI vide Instruction No. 76 regarding procedure for determination / verification of age of employees i.e. in the case of employees who have pursued studies in a recognised educational institutions, 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 circumstance. It is argued that respondent organisation delayed in disclosing the date of birth as assessed by them. In a catena of judgments, the Hon’ble Courts held that where an employee agitating for the past 30 years for the correction of his date of birth on the basis of the certificate from school, correction as requested should be made. It is further contended that at the fag end of his service, as much as an employee cannot seek to alter to his advantage his date of birth so also the employer.

In support of his contentions, learned counsel relied on the judgments of the Hon’ble Supreme Court in General United Mines Mazdoor Union1, and that of the composite High Court of this State in Boddu Laxmi Rajam v. Singareni Collieries Co. Ltd., Kothgudem, 2011 (2) ALD 493, B. Komaraiah v. The Singareni Collieries Co. Ltd., 1992(2) ALT 198, Bharat Coking Coal Limited v. Chhota Birsa Uranw, Manager, M/s Barsua Iron Ore Mines v. Vice President, Premlata Devi v. Central Coalfields Ltd.5, The Singareni Collieries Co. Ltd. v. B. Venkateswarlu6, Elpula Bhoomaiah v. Singareni Collieries Co.Ltd.7, W.P.No. 31541 of 2010, W.P.No. 29451 of 2009, I.A.No. 1 of 2019 in Writ Appeal