P MURUGESAN Vs. MANAGEMENT LOWER NEERAR DIVISION

JUDGEMENT

(1.) THE petitioner was working in the Sinchona Department of the respondent Corporation. When the petitioner was informed that he will retire from the services on 30.06.1993 as he will be reaching age of superannuation, viz., 60 years, the petitioner disputed the same and thereafter raised an individual dispute with the help of Tamil Nadu Plantation Workers' Union, Valparai affiliated to AITUC.

(2.) THE said dispute was taken on file on being referred by the Government to the Labour Court for adjudication. THE Labour Court took up the dispute on its file as I.D.No.94 of 1994. THE said dispute was tried along with another dispute relating to another workman. THE contention of the petitioner was that at the time of joining, wrong date of birth has been entered and he was actually born on 05.07.1947 as indicated by the record produced from the school in which he had studied. He also states that his elder brother was also in service and therefore, he should not be retired. Since the Management did not accept the same, the dispute was raised.

(3.) THE Labour Court accepted the stand of the respondent and held that if he was having any school certificate, the same should have been given at an early point of time and not at the time when he is about to be superannuated. THE Labour Court also referred to certain decisions of the Courts to say that any claim made at the tail end of service cannot be accepted and rejected the dispute raised by the workman.