Employer in Relation to the Management of G.C. of Bccl Vs. Workmen Represented by Bihar Colliery Kamgar Union - Court Judgment

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- [a.p. mishra and; b.n. agrawal, jj.] - labour law — regularisation — age — disability of being underage at the time of appointment, held, does not stand subsequently removed — hence, regularisation based on such appointment cannot be upheld — more so when there was a specific provision barring underage persons from working in mines — age — appointment — mines and minerals — mines act, 1952, section. 40 -- the appellant has challenged the order of the high court which has dismissed the letters patent appeal though holding the questioned appointment of 11 persons who were medically examined and were found to be underage in the year 1973, the year of their appointment. the right which is claimed is the right from the date of initial appointment, namely, in 1973. costs on the parties.appeal allowed......once this is found, they were underage in the year 1973, their regularisation based on such appointment cannot be upheld, specially when there is specific provision, no person can work in the mines who is underage. if this be so there is no justification for upholding the order as their age now is 30 years. the question is not of their employment on compassionate ground after attaining the requisite age. the right which is claimed is the right from the date of initial appointment, namely, in 1973. in fact, during the period 1973-75 it is not in dispute that they worked only for 75 days, since thereafter they are not working.4. hence for the aforesaid reasons, we find the present appeal has merit and the high court order cannot be sustained, accordingly, it is allowed. the impugned orders are set aside. costs on the parties.