P NANDAN Vs. BHARAT GOLD MINES LTD

JUDGEMENT

(1.) This civil revision petition is directed against the order dated 19-12-1991 passed in M.A. No. 13/1991 by the Court of the Civil Judge, K.G.F., which has dismissed the appeal and confirmed the order dated 2-3-1991 passed on I.A. I by the Court of the Munsiff, KGF in O.S. No. 15/1990. The petitioner-employee is the plaintiff in O.S. No. 15/1990 and has sought for a declaration that he was born on 15-11-1935 instead of his age as being 17 years that is found in the service records of the first defendant's undertaking, namely, Bharat Gold Mines Ltd. (Government of India Undertaking) when he joined on 28-10-1948.

(2.) The petitioner-plaintiff has also moved the trial Court for an injunctive relief under Order 39, Rules 1 and 2 restraining the defendants from superannuating him with effect from 1-1-1990 on the strength of the date of birth originally found-In the service records. The counsel on record have taken this Court to the entire pleadings, documents and orders passed by both the Courts while deciding the issue on I A. I under Order 39, Rules 1 and 2 of the Code of Civil Procedure.

(3.) By consent of both the counsel, the civil revision petition is admitted and posted for hearing. Heard both the counsel on merits.