1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 4507/2009 Shyam Lal H. Ganjeer Vs. Western Coal Fields Ltd. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Mohan Sudame, Advocate for the petitioner. Mr. S.C. Mehadia, Advocate for the respondent. CORAM: D.B. BHOSALE AND P .B. VARALE, JJ. DATE : 28TH JUNE 2010. 1] Heard the learned counsel for the parties. 2] By this writ petition, the petitioner has impugned the communication dated 6/8.8.2009 of Mine Superintendent/Manager Kamptee Open Cast Mine, so also the communication dated 5/6.9.2009 of the Mine Superintendent/Manager Kamptee Open Cast Mine. By these communications the petitioner's request for effecting change in his birth date has been rejected. The petitioner claims that he was born on 15.8.1957. There is no dispute that at the time of his entry in employment his date of birth was recorded as 1/7/1950 2 in the Form-B maintained under the provisions of the Mine's Act, 1952. The petitioner had also affixed his thumb impression in token of acceptance of the birth date entered in the said form. Further it appears that the respondent had undertaken an exercise to collect data of all workers in the year 1987 and, at that time, the petitioner had declared his date of birth as 22.3.1955. The petitioner, however, did not submit any document in support thereof and, therefore, the date of birth 1/7/1950 was maintained in all records. Thereafter the petitioner, for the first time, approached the respondent seeking correction of his date of birth on 27.3.2009 claiming it to be 15.8.1957 as correct date of birth. The petitioner, as per the date of birth on record, is due for retirement on 30.6.2010. 3] Learned counsel for the petitioner submitted that under Instruction No. 76 dated 25.4.1988 issued under National Coal Wage Agreement III, the respondents ought to have referred the dispute regarding the date of birth to Age Determination Committee. The 3 said request of the petitioner was rejected on the ground that dispute regarding the birth date can be referred to Age Determination committee, only if request for correction is made on the basis of matriculation certificate. The petitioner, admittedly did not submit matriculation certificate. As a matter of fact, we do not find any fault in the orders issued by the respondents. 4] We have perused all the documents on the basis of which the petitioner claim that his birth date is 15.8.1957. Learned counsel for the petitioner invited our attention to the certificate dated 10.2.2007 issued by the Registrar (birth and death) of Government of Chattisgarh. That certificate shows that on the petitioner's application the birth date was entered in 2007, for the first time. The said application was made on the basis of birth extract issued by the concerned Authority. We, therefore inquired with the learned counsel for the petitioner whether he can produce extract of that register, on the basis of which the certificate dated 10.2.2007 was issued. He expressed his 4 inability to produce the same. Even the school leaving certificate placed on record in support of his claim does not inspire confidence since it is only a typed copy. The petitioner could not produce photo copy of the original for our perusal. 5] In the circumstances, we find no merit in the petition. Hence, the writ petition is dismissed. No costs. JUDGE JUDGE Ambulkar.