CAW/3044/2018 of MOHSIN R. AHMED, VICE PRRESIDENT, RASHTRIYA COLLIERY MAZDOOR SANGH, NAGPUR Vs MINISTRY OF LABOUR, GOVT. OF INDIA THR. ADDITIONAL SECRETARY, NEW DELHI AND ANOTHER on 31 December 2018

Order

IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH, NAGPUR.

CIVIL APPLICATION [W] NO.3044/2018 IN WRIT PETITION NO. 6036/2018.Rashtriya Colliery Mazdoor Sangh.-VERSUS-Union of India and another.

Office notes, Office Memoranda ofCoram, appearances, Court's orders Court’s or Judge’s Ordersor directions and Registrar’s orders.

Shri R.N. Sen, Advocate for the Applicant/Petitioner.

CORAM: VINAY JOSHI, J.

DATE : 31.12.2018.

Matter is mentioned before the Court.

2. Heard Shri Sen, learned Counsel for theapplicant/petitioner. None appears for respondents.It is informed by learned counsel for the petitioner thatthey tried to convey other side that the matter wouldbe taken up today for urgent hearing, but, according tothem, nobody has responded to their telephonic call.

3. Gone through the record. Petitioner at the moment prays for protection of his service, as he isabout to retire today i.e. 31.12.2018. It is thecontention of the petitioner that his real date of birth is 29.12.1960, however, it is wrongly recorded in servicerecord as 01.01.1959. According to the petitioner in2011, he has made a representation to themanagement for correction in date of birth, but, itcould not be worked out. It reveals that the matter ispending before the CGIT Nagpur.

4. This Court vide its order dated 20.12.2018,directed the petitioner to approach the CGIT forappropriate relief. It is informed that the petitionerhas approached the CGIT on the very same day, but,vide order dated 26.12.2018, the CGIT has notconsidered the interim prayer, but, adjourned thematter to 03.01.2019.

5. The petitioner is unable to show anydocument, that prior to the year 2016, he hasapproached for change or correction in date of birth.It is settled law that at the fag end of service, the Courtshould be slow in interfering into the matter pertainingcorrection in date of birth. It is apparent that this WritPetition is filed in the year 2018, when the petitionerwas scheduled to be retired on completing his age ofsuperannuation, as per the record maintained by therespondent Management. In the circumstances,

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interim relief as sought, cannot be granted. Petitionercan be compensated if he is able to prove his claim.

6. The CGIT to endeavor to decide thematter pending before it, within a period of threemonths.

7. Copy of this order be furnished to learnedcounsel for the petitioner to act upon.

JUDGE

Rgd.