WEST COAST PAPER MILLS LTD. Vs. ABDULREHMAN

JUDGEMENT

(1.) THE order dated 2nd November 2012 passed in Writ Petition No. 63700/2012 is called in question in this appeal.

(2.) THE respondent herein was a workman under the appellant. His services were regularized in the year 1977. At the time of joining the service, the workman had furnished his Date of Birth as "1951"; the exact date and month of birth were not furnished by the workman and only the year of birth was furnished. The same was recorded in the Service Register maintained by the appellant organization including the ESI record. The workman was superannuated on 6.3.2009. All the dues of the workman were settled on 14.3.2009. The terminal benefits were paid to the workman and the same were accepted by the workman on that day. After about 2 1/2 years, the workman approached the Labour Court in KID No. 45/2011 contending that his Date of Birth is 1.6.1952 and therefore he should have been superannuated on 1.6.2010 (after completion of 58 years) and not earlier thereto. The Labour Court accepted the contention of the workman in part and passed an award directing the appellant to pay Rs. 75,000/ - to the workman in lieu of the remaining terminal benefits. The award of the Labour Court was questioned both by the workman as well as the Management in Writ Petition Nos. 65947/2012 and 63700/2012. The said writ petitions were clubbed, heard and decided together by the impugned order by concluding thus: