M/S Bharat Coking Coal Limited & ... vs Ibrahim Mian
2022 Latest Caselaw 4221 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    S.A. No. 280 of 2007
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M/s Bharat Coking Coal Limited & Ors.

.... .... .... Appellants Versus Ibrahim Mian .... .... .... Respondent

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Anoop Kr. Mehta, Advocate For the Respondent : Mr. Kalyan Banerjee, Advocate

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Order No.09 Dated- 17.10.2022 Heard the parties.

It is submitted by the learned counsel for the appellants that the learned first appellate court has committed gross error of law in declaring the Date of Birth of the plaintiff by ignoring the statutory Form -B register and on the basis of the School Leaving Certificate (Ext. B) and Winding Engine Man's I Class Certificate (Ext. 1/A) which is not in accordance with law in view of the principles of law settled by this Court in the case of Bahadur Mahto Vs. Bharat Coking Coal Ltd. and others, reported in 2006 (2) JLJR 468 and which principle has been reiterated in several judgments of the Hon'ble Supreme Court of India as well as this Court. Hence, appropriate additional substantial question of law be formulated.

Considering the aforesaid facts, the following two additional substantial question of law are formulated:-

"(i) Whether the learned first appellate court has committed gross error of law in declaring the date of birth of the plaintiff by ignoring the statutory Form -B register (Ext. B) which is a statutory record maintained under the Mines Act, 1952 and the Rules framed thereunder?

(ii) Whether an entry relating to date of birth recorded in Form B register (Ext. B) which is final, conclusive and binding between the parties can be corrected on the basis of School Leaving Certificate (Ext.3) Winding Engine Man's II Class Certificate (Ext.1) and Winding Engine Man's I Class Certificate (Ext.1/A) in the light of the Judgment reiterated in the case of Bahadur Mahto Vs. Bharat Coking Coal Ltd. and others, reported in 2006 (2) JLJR 468?"

List this appeal after four weeks under the heading "for Hearing".

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)