MAQBOOL AHMAD Vs. CHAIRMAN

JUDGEMENT

(1.) Petitioner is a supervisor in the Winding Department of the Muir Mills, a Unit of N.T.C. (U. P. Ltd. Kanpur 1 By notice dated 31st Aug. 1991 (Annexure 1 to the Suppl. Affidavit) the petitioner has been informed by the Mills that as per his declaration made by him on 5-7-1956 in Form No. 2 of the Employees' Provident Fund Scheme 1952, his date of birth being 3-4-1933 he had attained the age of superannuation i.e. 58 years. In this connection, regard was had to the provisions of Recruitment and Promotion Rules N.T.C. Mills Udit. Accordingly by means of the said notice, the petitioner was superannuated with effect from 31st Aug. 1991 on payment of one month's salary in lieu of notice. Aggrieved by the said order, the petitioner has come to this Court under Art. 226 of the Constitution of India alleging that his actual date of birth is 2nd of Sept. 1936 and the same is entered in his High School Certificate which is a date anterior to the date of his entering into the service. The petitioner also placed reliance upon certain records maintained by the respondent Mills -and on that basis, he contends that he has not attained the age of superannuation and the notice so served upon him, is liable to be quashed.

(2.) Having heard the counsel for the petitioner and also the learned counsel appearing for the respondent-Mills, I am not inclined to entertain this petition on the ground that the petitioner has an alternative remedy under the provisions of U. P. Industrial Dispute Act 1947. However, having regard to the facts and circumstances of the case, particularly keeping in mind the facts that the respondents themselves initiated proceedings for ascertaining as to what is the correct date of birth of the petitioner I deem it just and proper that if the petitioner makes afresh representation to the General Manager of the respondent Mills within 10 days from today annexing thereto a copy of the High School Certificate and other documentary evidence which he so chooses to rely upon in support of his pleas about the exact date of his birth, the General Manager shall decide the representation by means of a speaking order within two weeks from the date of filing of representation alongwith certified copy of this order The petitioner shall be communicated the decision taken by the General Manager in this regard and in case, the General Manager come to a conclusion that the date of birth entered in the High School Certificate is correct, the petitioner shall be taken back into service giving continuity and all consequential benefits flowing from such conclusion. In case, the High School certificate is not found to be authenticated, the notice of retirement shall stand.

(3.) Subject to the above observations directions this petition is finally disposed of.