Chief Managing Director, WCL & others Vs. Sheikh Yusuf

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 228 of 2018, Judgment Date: Mar 16, 2018

Law Laid Down -

• In absence of any allegation that the date of birth was not correctly recorded in Form-B, a statutory form stipulated under the Mines Rules, 1955, the service record or certificate of registration with Employment Exchange, which are based upon declaration of the employee, cannot be made basis of holding that the date of birth was not correctly mentioned in Form-B.
• The approximate age determined by the Age Determination Committee to be between 50 to 55 years which is too wide a range and contrary to the Implementation Instructions No.I.I.-76, cannot be relied upon to accept the claim for correction of date of birth. 
• The school leaving certificate mentioning the date of birth of an employee, which itself is disputed and obtained after employee had already entered in services cannot be a ground for correction of date of birth particularly when it was not stated to be the authentic document as per the Instructions issued.
• The Matriculation and the Higher Secondary School certificate issued much after employment of the employee have not been rightly taken into consideration in terms of the Instructions issued. Supreme Court decision in (2014) 12 SCC 570 (Bharat Coking Coal Ltd. And others vs. Chhota Birsa Uranw) distinguished on facts.
• Report of the Age Determination Committee which is not in terms of the Instructions binding between the parties, cannot be said to be legal and binding on the appellants.

Chief Managing Director, WCL & others Vs. Sheikh Yusuf