IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 376 of 2009
Mansa Thakur... ... ... ... ... Petitioner
Versus
Bharat Coking Coal Ltd & Ors.... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE AJIT KUMAR SINHA
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For the Petitioner: Mr. Ajit Kumar
For the Respondents: Mr. Anoop Kumar Mehta
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2/3.2.2009
The present writ petition has been preferred for issuance of
an appropriate writ, order or direction in the nature of certiorari for
quashing of the letter no.2896 dated 13/17.11.08 issued under the
signature of Respondent No.4 whereby and whereunder the
Respondents have issued the notice of superannuation to the
petitioner, treating his date of birth as 27.04.1949 instead of
11.04.1952 as entered in the Statutory Form-‘B’/Identity Card and
other Service Records of the Petitioner. The further prayer is for
issuance of an appropriate writ commanding upon the respondents
showing them cause as to how and under what circumstances, the
utter disregard to the provisions of implementation Instructions
No.76 particularly when there had been no variation in the
petitioner’s date of birth recorded in the Statutory Form’B’/Service
Excerpts/Identity Card issued by the Respondent Company, the
Respondents had unilaterally assessed the age of Petitioner as 60
years on 31.01.2004, which they themselves corrected and
reassessed as 55 years as on 27.04.2004, instead of the original
entry of the date of birth of the Petitioner i.e. 11.04.1952(26 years
on 11.04.1978) which has been validly entered in the service records
of the Petitioner. The further prayer is for appropriate command
upon the respondents not to rely upon the alleged Memorandum of
Settlement dated 05.07.04, contained in Reference No. 219 whereby
and whereunder the Petitioner who was forced to sit idle/retire
prematurely on the basis of erroneous entry of the date of birth had
been compelled to accept unfair, unreasonable and unconscionable
terms of settlement which cannot be binding and hence, is fit to be
ignored.
There was a memorandum of settlement arrived at between
the management and representative of the workmen, petitioner
herein, on 5.7.2004 wherein both the parties in presence of the
-2-
witnesses voluntarily agreed for a joint settlement and thus, the
petitioner cannot, after lapse of 5 years, go against the settlement
and challenge the date of birth.
This writ petition is accordingly dismissed without any order
as to cost.
(Ajit Kumar Sinha, J)
Sudhir/FA