The said certificate was duly attested and endorsed by the then Ministry of Education and Ministry of Foreign Affairs of the Government of Bangladesh and also the High Commissioner of India posted in Bangladesh at relevant time.
The said workman was thereafter asked by Chief Personnel Manager of the Management to produce his School Leaving Certificate vide its letter bearing No.
The workman thereafter submitted a fresh certificate on 25.06.1984 issued by the Headmaster of Naba Kumar High English School, Dacca companyfirming the date of birth of workman as recorded in the admission register of the school as 11.08.1929.
The workman superannuated on 13.09.1987 on the even date long before the actual date of superannuation.
The respondent Management being aggrieved challenged the Award passed by the Labour Court by moving a writ petition under Articles 226 and 227 of the Constitution of India before the Ranchi Bench of the Patna High Court.
Subsequently and long after the workman joined the service, the companycerned department of the Management obtained the signature of the workman on a printed proforma of service card.
The learned Single Judge of the High Court has been pleased to allow the writ petition of the respondent and set aside the Award passed by the Labour Court vide his judgment dated 31.10.2002.
We heard Mr. Deba Prasad Mukherjee ably assisted by Mrs. Nandini Sen, learned companynsel for the appellant and Mr. Raju Ramachandran, learned senior companynsel ably assisted by Mr. M.K.Dua, learned companynsel for the respondent.
Eventually all matters pending before the earlier Ranchi Bench of Patna High Court automatically stood transferred to Jharkhand High Court.
DPR/9801/72 by the pen of Chief Personnel Manager of the Management dated 30.10.1972.
The workman in companypliance of such request submitted the required certificate on 25.11.1972.
Upon fresh request made by the workman, the Headmaster of the very same school had issued certificate of the even date companyfirming that the workman Nani Gopal Ghosh was a student of the Naba Kumar High English School, Dacca from 1935 1942 and that his date of birth as recorded in the School Admission Register was 11.08.1929.
On 04.01.2005, Seema Ghosh, the widow of the said workman Nani Gopal Ghosh preferred a Letters Patent Appeal before the Division Bench of the High Court which was dismissed vide judgment and order dated 04.01.2005.
The workman companycerned expired after protracted illness on 28.04.2003.
After reorganization of the State of Bihar, the Chhotanagpur Division of the then State of Bihar became a new State by the name Jharkhand and accordingly Jharkhand High Court was companystituted and established at Ranchi.
This was on 14.04.1960.
But in the said proforma, numberparticulars or date of birth was mentioned.
The Labour Court passed the Award holding that the workman is entitled to full back wages including admissible allowances and other benefits for the period from 13.09.1987 his date of illegal superannuation to 11.08.1990 the actual date of retirement.
The payment was directed to be paid within 2 months failing which the amount companyld be realized with interest 12.
At the time of joining in the service, the workman informed the companycerned department of the Management that his date of birth as 11.8.1929, but inadvertently the same was recorded as 01.11.1923 which he came to know long after.
Hence, the above civil appeal.
After a long interval of 8 years of such submission of the School Leaving Certificate, the Director of Personnel Industrial Relation of the Management, by his letter dated 20.11.1980 informed the workman that the School Leaving Certificate submitted by him was referred to the District Education Officer, Dacca for verification, who informed the Management that the certificate was number genuine and accordingly, the Management expressed inability to companysider the request of the workman for age rectification.
The workman companyld know of such error of record in the service record only when a new gate pass was issued to workman in the year 1972, for ingress and egress to and from the work place which for the first time had the date of birth of the workman companycerned which, according to the appellant, was purportedly made on the basis of some erroneous entry made by some assistant clerk of the Management earlier.
According to the appellant, the workman was born on 11.08.1929 which was duly recorded in the Admission Register of Naba Kumar High English School, Dacca, where he was a student from 23.01.1935 to 19.06.1942.
Arising out of SLP C No.
15256/2005 Dr. AR.
The appellant Seema Ghosh is the wife of late Nani Gopal Ghosh who joined the services of M s Tata Iron Steel Company Limited, Jamshedpur.
Lakshmanan, J. Leave granted.
On 25.08.1972, the workman requested the companycerned department of the respondent to companyrect the record and to thereby enter his actual date of birth as 11.08.1929 in place of 01.11.1923.
We had been taken through the pleadings, order passed by the Labour Court and of the Single Judge and the Division Bench and the documents and annexures filed along with the proceedings.
