MANAGING DIRECTOR BHILAI STEEL PLANT Vs. MOTI RAM

JUDGEMENT

(1.) THIS writ appeal is directed against the order dated 7th December, 2009 passed in Writ Petition No. 85 of 2004, whereby the learned Single Judge allowing the writ petition of respondent No.1 has set aside the order dated 30th September, 2002, passed by the Industrial Court and restored the order dated 3rd February, 1998 of the Labour Court. (Parties shall hereinafter be referred to as per their description in the writ petition.)

(2.) BRIEFLY stated, facts of the case, as projected by the petitioner in the writ petition, are that the petitioner joined in the appellant-organization as Mazdoor in the year 1963. He was appointed as Khalasi in the year 1965. He learned in the year 1987 that his date of birth was recorded in the service book as 16.11.1936, whereupon he obtained certified copy of transfer certificate from the school, in which his date of birth was recorded as 25.1.1944. He made an application in the year 1988 for change of his date of birth. However, the same was rejected by the respondent authorities in its meeting dated 21.9.1989 and it was communicated to him on 13.10.1989.

(3.) IT was further contended that the learned Single Judge has also ignored the entries in the attestation form, which is duly signed by the petitioner on each page, and clerical error against Column No.7, where in inadvertently the date of filling up of the attestation form had been entered against the date of birth and the same has been scored out. The document i.e. school leaving certificate was obtained on 29.1.1988 and submitted in the year 1988 after 25 years of entering in the service. The attestation form of 1963 also mentions that the petitioner was working as Porter during 1957-58 in the Marshalling Yard, Bhilai, which falsifies the school leaving certificate, wherein it is mentioned that the petitioner studied from 25.1.1956 to 2.9.1962.