THE SUPERINTENDING ENGINEER, METTUR ELECTRICITY DISTRIBUTION CIRCLE, METTUR DAM Vs. THE PRESIDING OFFICER, LABOUR COURT, SALEM AND THIRU C. SINGARAVELU

JUDGEMENT

(1.) THE second respondent was appointed as a Helper in Salem -Erode Electricity Distribution Company. The date of birth of the second respondent as entered in the service register was 19.11.1929. When the said company was taken over by the Tamil Nadu Electricity Board, the second respondent became an employee of the petitioner Board. The grievance of the second respondent is that while the entries were made in the service register of the petitioner Board, the date of birth was entered as 19.01.1929 instead of 19.11.1929 by mistake. The second respondent on the basis of the wrong date of birth retired from service on 31.01.1987. Thereafter, the second respondent raised an industrial dispute in I.D.No.74 of 1992 seeking for grant of arrears of salary, pension and other benefits. Taking into consideration that the date of birth is 19.11.1929, by award dated 11.05.94, the Labour Court directed the grant of arrears of salary, pension and other benefits as claimed by the second respondent. It is against this Court, the present writ petition has been filed by the Board.

(2.) THE main challenge in the writ petition is that the second respondent ought to have corrected his date of birth even before he retired from service and in any case within a reasonable period from the occurrence of mistake in the entry. The said factors have not been considered by the Labour Court and hence the award of the Labour Court should be set aside.

(3.) FOR the above reasons, I do not find any merit in the writ petition and accordingly, the same is dismissed.