BAZPUR CO Vs. CHHATRA PAL

JUDGEMENT

(1.) Present petition is preferred assailing the Award/Order dated 22.5.2013, passed by the Deputy Labour Commissioner, Kumaon in Case No. LL02 of 2011 (Shri Chhatra Pal Vs. Managing Director, the Bazpur Cooperative Factory Ltd.) whereby the Sugar Company was directed to correct the date of birth of the workman as 12.6.1956 instead of 1.11.1950 and to do the consequential needful.

(2.) Undisputedly, workman was appointed on 15.11.1978. In entire service record as well as Provident Fund record his date of birth is mentioned as 1.11.1950. Workman during his service never objected or applied for correction of date of birth instead of 1.11.1950 as 11.6.1956. On attaining the age of superannuation, treating his date of birth as 1.11.1950, workman was retired on 31.10.2010. Thereafter, workman moved before the Labour Court saying that his date of birth was wrongly recorded in service records as 1.11.1950, while as per his School Leaving Certificate his correct date of birth is 12.6.1956, which should be corrected in the service record and he should be reinstated and should be paid salary treating him in service.

(3.) Having accepted the contention of the workman, learned Deputy Labour Commissioner was pleased to pass impugned award. Feeling aggrieved, employer Sugar Company has approached this Court under Art. 227 of the Constitution of India.