Rahimuddin Ansari vs Chief Managing Director,Ccl on 6 May, 2009

IN THE HIGH COURT OF JHARKHAND AT RANCHI

              W.P. (S) No. 864 of 2009

Rahimuddin Ansari                          ...            Petitioner
                    Versus
Chief Managing Director of M/s.
Central Coalfields Limited & others        ...            Respondents

              .............

CORAM:        HON'BLE MR. JUSTICE D.N.PATEL
              ............
For the Petitioner     Mr. H.C. Prasad
For the Respondents    Mr. Ananda Sen

              ............
       2/ Dated: 6th of May, 2009

1. Before the learned counsel for the petitioner argues in detail,

it is submitted by learned counsel for the respondents that as per

different documents annexed with the memo of present petition, it

appears that different date of birth has been supplied by petitioner.

One date of birth of the petitioner is 6th June, 1951 (as per Annexure

2). Second date of birth is 6th June, 1948 (as per Annexure 1) and,

consequently, the retirement date as per management is 30th June,

2008. Nonetheless, a Reference Case No. 70 of 2004 has already

been referred under Section 10 of the Industrial Disputes Act, 1948

for adjudication before Central Government Industrial Tribunal-II,

Dhanbad and the petitioner has been awaiting for its decision.

2. Having heard learned counsels for both the sides and

looking to the facts and circumstances of the case, it appears that

whenever there is dispute as to date of birth. The matter is under

consideration by the Industrial Tribunal. In view of these facts, I

hereby direct Central Government Industrial Tribunal-II, Dhanbad

to decide the Reference Case No. 70 of 2004, as expeditiously as

possible and practicable, preferably within a period of four months

from the date receipt of the order of this Court. I also hereby direct
2.

that no unnecessary adjournment shall be given by the Central

Government Industrial Tribunal-II, Dhanbad.

4. Annexures to the memo of the petition may be presented by

the petitioner before the said Industrial Tribunal within a period of

fifteen days from today. Both the parties are allowed to present

documents and to laid the evidences before the said Industrial

Tribunal.

5. The petition is, accordingly, disposed of, in view of the

aforesaid directions.

(D.N. Patel, J.)

Ajay/