MANAGEMENT OF HINDUSTAN AERONAUTICS Vs. A KANNAN

JUDGEMENT

(1.) THE instant regular first appeal is directed against the judgment and decree in O. S. No. 1424 of 1990 passed by III Additional City Civil judge, Bangalore City, whereby the said City Civil Judge was pleased to decree the suit of the respondent.

(2.) I heard the learned Counsel for the appellants, Sri R. Gururajan and the learned Counsel for the respondent, Sri H. Neelakanta Rao. I have also perused the case records including the records of the Court below.

(3.) THE facts of the case in brief are as hereunder: that the respondent had joined the establishment of the appellant 1 on 3-12-1959; that he had studied in R. B. A. N. M. S. High School, Bangalore and at the time of his joining the establishment of appellant 1, he had shown his qualification as IVth form in his employment application dated 5-10-1959 as at Ex. D3. In the said application he had also shown his age as 27 years, whereas his date of birth appeared to have not been filled therein. In the employment application, Ex. D3, as against the column date of birth there came to be an entry as at Ex. D3 (a), 'as 27-2-1934' however the year 1934 was overwritten as '1933'. It is claimed that the respondent had appeared for his SSLC examination and in the transfer certificate issued by the above High School, his date of birth was shown as '15-9-1934'.