USMAN Vs. HINDUSTAN MACHINE TOOLS LTD

JUDGEMENT

(1.) The learned Single Judge was right in taking the view that the entry of date of birth of the appellant on the strength of the order made by the Magistrate under S.13(3) of the Registration of Births and Deaths Act, 1969 (Act 18 of 1969) not being an order passed with jurisdiction, the same cannot be relied upon. The Act itself came into force in the year 1970 in the State of Kerala. It is prospective in nature. Hence it is obvious that it regulates only the events that have taken place after the coming into force of the Act. We are now concerned with the date of birth which had taken place several decades before the Act came into force. It is therefore obvious that no action could have been taken to enter the date of birth of the appellant who was born several decades before the coming into force of the Act. The Labour Court on a proper consideration of the evidence has recorded a correct finding. That finding being a finding of fact, is not liable to be interfered with. The learned single Judge was therefore justified in not interfering with the order. The appeal fails and is dismissed.