Judgment:
1. In this appeal, appellant M/s. Bharat Coking Coal Limited has challenged the order dated 24.7.2006 passed in WP(S) No. 1194 of 2004, whereby the writ petition filed by the respondent No. 1-Kaushalya Bhuiyani was disposed of with direction to the respondents-employer (BCCL) to hold enquiry in respect to the date of birth of the petitioner. The liberty was also given to the BCCL to get the petitioner examined medically afresh by a duly constituted Board of Doctors. The parties were also given the liberty to produce any evidence/material before the enquiry authority constituted for the purpose.
2. As it appears that the writ petitioner did challenge the action of the employer-BCCL stopping her from attending her duty with effect from 4th February, 2002 on the ground that she did attain the age of superannuation on 11th February, 2001. According to the employer, the date of birth of the petitioner was 11th February, 1941 which was seriously disputed by the writ petitioner who, on the basis of Form-B kept in the office of the employer, claimed that her age was assessed as 37 years, as on 19th July. 1986 and her date of birth as per the entry made in the service record was 19th July, 1947 and accordingly she would retire from service in the year 2009.
3. After going through the impugned judgment, we find that the learned Single Judge has held that the dispute of date of birth, cannot be decided by the Court and it is the prerogative of the employer to determine the dispute regarding date of birth and with a view to determining the actual date of birth/age in case of a dispute/doubt, the employer is entitled to hold an enquiry. Accordingly, the learned Single Judge has directed the employer to hold an enquiry to examine the dispute of date of birth of the writ petitioner.
4. Since both the parties have been given liberty by the learned Single Judge to bring on record the evidence/material in course of enquiry and therefore in our view the appellant is not adversely affected in any manner by the order passed by the learned Single Judge.
5. We do not find any merit in this appeal, accordingly, it is dismissed.
6. However, in the facts and circumstances of the case, there will be no order as to the costs.