TUTICORIN STEVEDORS ASSOCIATION Vs. M PERUMAL

JUDGEMENT

(1.) Defendant in O.S. No. 458 of 1993, on the file of District Munisfs Court, Tuticorin, is the appellant. Plaintiff is the sole respondent herein.

(2.) He filed the above suit to declare that his date of birth is 30.3.1940, and consequently to grant a permanent prohibitory injunction restraining the appellant from superannuating him from service before 30.3.1993, and to award costs.

(3.) Material averments in the plaint may be summarised as follows: Respondent is an employee under the appellant/defendant working as shore labourer for 12 years prior to the filling of the suit. Like other fock workers, plaintiff was also brought under the administration of the defendant in the year 1981. In the year 1983, the dock-workers were asked to produce documentary evidence to prove their name, father's name and age for screening. At that time, plaintiff produced the voters' list which was the only document available with him. Plaintiff was not having any School Certificate or Birth Certificate, and therefore, he could not file any such Certificate. Later, when plaintiff was subjected to medical check-up ascertain physical fitness, no test was conducted to determine the age of plaintiff, and result of the medical check-up was not informed to plaintiff. On 30.8.1993, when plaintiff went to defendant's Office, he enquired the concerned clerk to verify his age entered in his Service Register maintained by defandant. At that time, it was informed that his date of birth was entered as 1.1.1936. It is said that the plaintiff then only realised that his name has been wrongly mentioned in the voters' list and that basing on that, he has to retire on his completing the 58th year. Immediately, plaintiff obtained a Birth Certificate and produced the same before the defendant. He also sent a petition asking the defendant to correct his date of birth in the Service Register, and he also moved an application to the Traffic Manager of the Tuticorin Port Trust in that regard. He further averred that he is a Hindu Harijan and he is a native of Velayuthapuram. His father's name is Muthukaruppan and his mother's name is Valliammal. It is said that as per the standing order of defendant, a cargo handling worker will retire from service after he completes the age of 58 years. The age of the plaintiff is only 55, and he has to retire only on 30.3.1998. But itis wrongly entered in the Register maintained by the defendant, as 1.1.1994. Plaintiff therefore, seeks for the above reliefs, with a declaration that he is entitled to continue in service till 30.3.1998.