MUNCIPAL SCHOOL BOARD Vs. KANTABEN MAGANLAL CHAVDA

JUDGEMENT

(1.) The Municipal School Board, Surendranagar through its Administrative Officer, has filed this petition under Article 227 of the Constitution of India challenging the award passed by the Labour Court, Rajkot dated 17.3.1989 in Reference (LCR) No.35 of 1983. By the impugned award, the Labour Court refused to reinstate the respondent since she was made to retire earlier than the actual date of superannuation. However, the Labour Court granted all the monetary benefits from 4.3.1982 to 30.4.1988.

(2.) The respondent was working as a Peon in the Municipal School Board, Surendranagar. Prior thereto, she was working in the school run by Irish Mission. According to the respondent, at that time, by mistake, she had given her wrong birthdate.. The birthdate which was recorded in the Service Book, of the respondent was 6.7. 1921. On the basis of the said birthdate, by an order dated 3.3.1982. she. was made to retire with effect from 5.7.1981 on her attaining the age of superannuation,. The respondent thereafter raised industrial dispute under the provisions of Industrial Disputes Act before the Assistant Labour Commissioner, Bhavnagar who by his order dated 11.1.1983, referred the dispute to the Labour Court, Rajkot for adjudication.

(3.) In the Statement of Claim Ex,.4 filed before the Labour Court, it was inter alia averred by the respondent that before joining the Municipal School Board, Surendranagar, she was working in Irish Mission school where her birthdate was wrongly mentioned as 6.7.1921 in the Service Book,. She produced an affidavit of her elder cousin sister wherein her birthdate is shown to be 6.7.1931. However, the School Board did not accept the same- She contacted Medical Officer. Primary Health Center, Ramchura, and produced the certificate showing that she was vaccinated on :26.,2.1929. In the said certificate, her birthdate is shown as 6.2.1928. The respondent, thus, made all the necessary efforts to correct her birthdate. According to her, as per the affidavit of her elder sister, she was required to be superannuated on 5.7.1991. and as per the medical certificate, she was required to be superannuated on 5.7.1989. Thus, without taking into consideration the said certificate, she was illegally made to retire on 5.7.1981. The said actont on the part of the School Board was in violation of section 25F of the Industrial Disputes Act and, therefore, she is entitled to reinstatement with full back, wages,