WRIT PETITION 1449 of 2012 on 25 November 2008

1. Steel Authority of India Limited through its Chairman, IISCO Steel Plant, Chasnala Colliery Complex, Dhanbad Steel Plant, Chasnala Colliery Complex, Dhanbad

2. The Assistant General Manager (P &A), SAIL, IISCO Steel Plant, Chasnala Colliery Complex, Chasnala, Dhanbad Chasnala Colliery Complex, Chasnala, Dhanbad

3. The Assistant/ Junior Manager (P &L), SAIL, IISCO Steel Plant, Chasnala Colliery Complex, Chasnala, Dhanbad Chasnala Colliery Complex, Chasnala, Dhanbad

4. The Chief Personnel Manager (C), SAIL, IISCO Steel Plant, Chasnala Colliery Complex, Chasnala, Dhanbad Chasnala Colliery Complex, Chasnala, Dhanbad

…… Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : None For the Respondents : Mr. Sushant Kumar, J.C. to Mr. Rajiv Ranjan

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08/20.09.2022

Nobody appears on behalf of the petitioner.

2. Learned counsel for the respondents is present.

3. This writ petition has been filed for the following reliefs:-

(i) For quashing the letter dated 25.11.2008 issued by the respondents (respondent no. 3) whereby petitioner has been made to superannuate w.e.f. 31.03.2009 as according to the respondents, petitioner attained his 60 years of age on that date and his date of birth is 03.03.1949. Petitioner makes such prayer as the said letter and date of superannuation is illegal, arbitrary and contrary to the records of the respondent company and also against the provisions of National Coal Wage Agreement (hereinafter referred as NCWA) which is binding upon both the parties and which inter alia treats middle school pass certificate a conclusive proof of an employees date of birth (in case an employee is non-matriculate) if the said certificate has been issued prior to the date of his appointment. been made to superannuate w.e.f. 31.03.2009 as according to the respondents, petitioner attained his 60 years of age on that date and his date of birth is 03.03.1949. Petitioner makes such prayer as the said letter and date of superannuation is illegal, arbitrary and contrary to the records of the respondent company and also against the provisions of National Coal Wage Agreement (hereinafter referred as NCWA) which is binding upon both the parties and which inter alia treats middle school pass certificate a conclusive proof of an employees date of birth (in case an employee is non-matriculate) if the said certificate has been issued prior to the date of his appointment.

(ii) For a direction upon the respondents concerned to take back the petitioner into the rolls of the company and pay him the full back wages including other financial benefits to which petitioner may be found entitled with during the period in which petitioner has been forced to remain out of service. Petitioner makes such prayer, as according to the Middle School records/certificate of the petitioner, duly submitted at the time of his appointment and also subsequently, his date of birth is 28.10.1953, according to which the petitioner will attain the age of superannuation in the year 2013 i.e. 31.10.2013.” back the petitioner into the rolls of the company and pay him the full back wages including other financial benefits to which petitioner may be found entitled with during the period in which petitioner has been forced to remain out of service. Petitioner makes such prayer, as according to the Middle School records/certificate of the petitioner, duly submitted at the time of his appointment and also subsequently, his date of birth is 28.10.1953, according to which the petitioner will attain the age of superannuation in the year 2013 i.e. 31.10.2013.”

4. Since no one is appearing for the petitioner , this writ petition is dismissed for non-prosecution. dismissed for non-prosecution.

(Anubha Rawat Choudhary, J.)