K PONNUSAMY Vs. PRESIDING OFFICER

JUDGEMENT

(1.) HEARD Mr. Nazirullah, learned counsel appearing for Mr. K.V. Shanmuganathan and Mr. T. Chandrasekaran for the respondent Corporation and perused the records.

(2.) THE writ petition is filed by the petitioner/ workman against the Award of the first respondent Labour Court in I.D.No.141 of 1993 dated 11.12.1995. THE grievance of the petitioner was that at the time of joining the service on 08.11.1973, the date of birth was given wrongly as 13.04.1932. However, subsequently it was found that was not his date of birth and he sought for his date of birth to be altered as 13.04.1941. If this request of the petitioner was accepted, he would have had the benefit of another ten years of service. But, however the petitioner raised the issue only long after joining the service. Under Rule 33 of the Service Rules, any request for change of date of birth will have to be made within five years from the date of joining the service. When the petitioner did not get the benefit of this alteration, he was retired from service on 30.04.1990 on reaching the age of superannuation. THEreafter, he raised an industrial dispute against the so called non-employment and took up the matter before the Labour Court as I.D.No.141 of 1993.