GUNDU VEERASWAI\,'IY v. 1. The Singereni Collieries Co.Ltd

Petition Under Article 226 ot Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order or direction more particularly one in the nature of writ of tr/landamus declaring the proceedings Ref,No.RGZIPER|CFl3S-Al2O17 dated 28-05-20'l 5 of the 3rd respondent herein in relecting the representations of the petitioner dated 17-12-2013 and 28-01-2015 made against of the proceedings of the Area Age Determination committee dated 22-05-2012 and consequential proceedings Ref. No. RG.2 /Gdk.7 LEPI 2012 M-0141 1817 dated 13-06-2012,o1 the 4th respondent herein, wherein the date of hirth and age of the petitioner determined in initial medical examination as 31-03-1963 and 23 years (as on 31- 03-1986), is unirateraly changed and substituted as 'r0-05-1959 basing on Schoor Transfer certificate as illegal, arbitrary and violative of articles 14, 16 and 2i o,f the constitution of rndia read with Nationar coal wage Agreement-lI and implementation lnstructions No.76 dated 25-04-19g8 and consequen y direct the respondents to restore the original entries made in the service records of the petitioner regarding date of birth and age as 31-03-1g63 and 23 years, as per lnitial l\,4edical Examinatron Report of the petitioner, in the rnterest of justice. l.A.NO:'l OF 2015 WPMP.NO:4679 00F20 15) ( Petition under section 'r s1 cpc prayrng that in the circumstances stated rn the affidavit filed in support of the petition, the High court may be preased to suspenrl impugned the proceedings of the Area Age Determination committee daled 22-05-2012 as communicated by proceedings Ref. No.RG.zrcdk. TLE1r 2O12lW-O141181 7 dated 13-06-2012, of the 4th respondent herein; in the interest of justice. Counsel for the Petitioner : SRI SURENDRA DESAI 99yl':9lJor the Respondents : SRt p.SRt HARSHA REDDy (SC FOR STNGARENt CoLLtERtES CO.LTD) The Court made the following ORDER ,ry THE HONOURABLE SMT. JUSTICE P.SREE SUDHA WRIT PETITION No.3633O of 2O15 ORDER: This writ petition is filed under Article 226 of Constitution of India, seeking the following relief to issue utit or order or direction more particularlg one in the nodtre of uit of Mondamus declanng the proceedings Ref No.RG2/ PER/ CF/ 38A/ 2O 17 dated 28.05.2015 of the 3rd respondent herein in rejecting the representations of the petitioner dated 17122013 and,28O12015 made against of the proceedings of the Area Age Deterrnination Committee dated 22.05.2O12 and consequential proceedings Ref. No.RG 2 /Gdk 7 LEP/ 2012 /WO14/ 1817 dated 13.06.2012 of the 4th respondent herein wherein the date of birth ond oge of the petitioner determined in initial medical examinotion as 31.O3.1963 and 23 Aears as on 31.O3.1986 i.s unilaterally changed and substituted os 1O.O5.1959 basing on School Transfer Certiftcate as illegal arbitrary and uiolatiue of articles 14, 16 and 21 of the Constitution of India read- u.tith National CoaL Wage Agreement-Ill and implementation Instructions No.76 dated 25-04.1988 and consequentlg direct the respondents to restore the original enties made in the seruice records of the petitioner regarding d.ate of birth and age o.s 31.O3.1963 and 23 Aears as per Initial Medbai Examination Report of the petitioner-

2. Heard both sides. Perused the record ;)4:4 2

3. As per office order dated O8.05.1986, as petitioner was non-matriculate, he u'as examined by the respondent company doctor and his agr: u,as determined as 23 years as on 3 I .O3. I 9t36 and it was also mentioned in another office order d:rtecl 29.05.1986, that he was transferred to Mahaveerkhani MVK-s lncline. In iris servrce book, B-Register and Family Attendant Book, hrs age was mentioned as 23 vears. Later he was promoted as Temporary Tunnel Mazdoor on O1.01.1993 and as Pump Operator-V category on 01.01.2009. In 2Oll., respondcnt company issued Employee Personnel Record forms for computerizing and for removing anomalies that rampantly existed in the employee's service records. At that time, he came to knou, that his age and date of birth has been unilaterally changed in service records wlthout aly notice to him and basing on his 7'h class school leaving certificate, in which his date of birth is shown as 1O.05.1959.

4. Pctitioner gave representation on 10.08.2O11 and requested to restore his age and date of birth in his service records as per lnitial entries. The Area Age Determination Committee vide proceedings dated 22.05.2012 basing on the school record, the age shorvn in the school records was confirmed and the same was communicated to him vide proceedings dated 13.06.2012. He again gave representation to .7.TT7 3 respondent No.1 on Il.O2.2Ol3 ald the s€une was rejected on

12.06.2013. He made representations to respondent No.2 on

15.71.2012 and 17.12.2013 and made representation to the Director Personnel and Welfare PAW on 1 1.O2.020 i3 and through union leader on 28.0 I .2015 with a request to restore his date of birth in service records as per the initial appointment. He brought to the notice of respondents about the JBCC Guidelines read with Implementation Instructions No.76 dated 25.O1.I9a6, but there was no response and his representations were rejected.

5. Learned counsel for petitioner relied upon the proceedings dated 10.06.2013 vide Ref.No.RG.I/Per 1a313666 in which clause 2 stated that "you haue submitted 7th class memo. As per JBCCI guideLines 7h closs memo cannot be considered for I I correction of aSd'

6. Admittedly, in this case, petitioner is illiterate and he has not produced any transfer certificate at the time of entry in the service records, as such his age is mentioned basing on the medical records as 23 years and later modified by the Company basing on transfer Certificate which is not authenticated document for relying upon age as per their own circular. As labour laws are beneficial Iegislation they should be interpreted 4 liberally in favour of employees. On perusal of record, this Court finds that pctitioner is entitled for consideration of his age as 23 years as on thc date of entry into the service, as he retired on 31.O5 2O 19, hc is entitled for service benehts till 31.05.2023. Respondents are directed to pay service' benefits to the petitioner rvrthin two months from the date of receipt of a copy of this order, failing rvhich they are directed to pay the interest @, 7 .5"/o.

7. With the above direction, this writ petition is allowed. No closed Miscellaneous petitions pending, if any, shall stand SD/. AHMED ABDULLAH KHAN qSTANT REGISTRAR //TRUE COPYil ! SECTION OFFICER \

3. The General A,4ana er, The Singereni Collieries Co mpany Limited

1. The Chairman and Nrlana ging Director, Sin gerenr llierie s Co.Ltd, Singereni Bhavan. Red Hills. Nam pally, Kharratahad P.8.No.18.. Hy derabad.500004. 2. The Chief General [r,4an ager,, lR andPM (personnel) The Singereni Collieries Company Limited, Co rporate office, perso nnel Department, I R.Wing, KOTHAGUDEtV Kha mmarn Distict.5071 01 RAMAGUNDAIV A R EA'll, RAIVAGUNDAM. post 505302 Karimnagar District Erpa nsron prorett L E p co givrnr xnnNiir"r"B 66irAVAR r KHAN r post -'---t Karimnagar Di;trict ptN 505209 Qne QC to SRt SURENonn oiSnr. Advocate IOpUCt 33:33'ffi[:3i3 B 503i'^ n r o di' r s c'For s"ri'ca n e ru r coLL r E R r E s Iwo CD Copies 4 The lMine A,4anager. The Srngereni Collieries Company Limited, Life s 5 6 7 To SA GJP HIGH COURT DATED:01 10412025 ORDER WP.No.36330 of 2015 ALLOWING THE W.P WITHOUT COSTS. J rO J lHE sh t(: ( CR (/. 1 6 JUN 2025 ) .., :. D,^ " a,-l a