SAGUNTHALA Vs. TAMIL NADU MINERALS LTD

JUDGEMENT

(1.) The petitioner herein was initially appointed as an unskilled labour on 2/8/1984 under the Quarry run by the respondents herein. At the time of appointment, the details of the petitioner were recorded in Form B Register No.173, wherein, her age was referred to as 18 years.

(2.) It is the case of the petitioner that the respondents herein had unilaterally altered her age as 34 years in the year 1991, which alteration was not known to the petitioner. Based on the altered date of birth, she was superannuated on 30/6/2015. According to the petitioner, her original date of birth was 18 years as on 2/8/1984 and therefore, the respondents have prematurely superannuated her and hence, seeks for a direction to restore her original date of birth and consequently, permit the petitioner to continue in service, based on her age mentioned in Form-B at the time of her initial appointment.

(3.) Learned counsel for the petitioner placed reliance on Standing Order No.6 which provides that in case of labourers, who have failed to produce any testimonial to substantiate the date of birth, the respondents are required to send them to the District Medical Officer for medical opinion for the purpose of ascertaining the date of birth and accordingly, the petitioner had been subjected to medical examination and age in Form B has been determined as 18 years. Hence, the subsequent unilateral alteration of age as 34 years in the year 1991 cannot be sustained.