KICHHA SUGAR COMPANY Vs. RAM KRIPAL

JUDGEMENT

(1.) Present petition is filed assailing the order dated 05.03.2014 passed by the Deputy Labour Commissioner, Kumaon, Haldwani, whereby direction was issued to correct/modify the date of birth of the workman/respondent, herein, as 01.01.1960 after deleting the earlier incorrect date of birth i.e. 09.06.1953.

(2.) The brief facts of the present case, inter alia, are that the petitioner had joined sugar factory as un-skilled labour on 01.11.1979; vide notice dated 29.03.2013, workman/respondent, herein, was informed that on reaching the age of superannuation, he would stand retire with effect from 08.06.2013; workman stood retired in the afternoon of 08.06.2013; after the retirement, workman has moved an application on 12.06.2013 making request to correct his date of birth as 01.01.1960 instead of 09.06.1953 and he should be allowed to give joining; learned Deputy Labour Commissioner having placed reliance on the copy of the family register was pleased to pass impugned order directing correction of the date of birth in the record of sugar factory; feeling aggrieved, employer/petitioner, herein, has approached this Court by way of present petition.

(3.) I have heard Mr. T.A. Khan, learned senior counsel assisted by Mr. S.C. Dumka, learned counsel for the petitioner and Mr. P.S. Rawat, learned counsel for the respondent and have carefully perused the record.