L H SUGAR FACTORIES LTD Vs. BISHESHWR DAYAL

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 31.12.1988 passed by the Dy. Labour Commissioner. Bareilly, by which the respondent No. 2 had directed the petitioner to correct the date of birth of respondent No. 1 as 1.7.1929 instead of 25.12,1924.

(2.) The respondent No. 1 was employed by the petitioner as a labourer in the petitioner's Sugar Mills in the crushing seasons 1942-43 and his date of birth was noted as 25.12.1924 in the service record. He attained the age of 60 years on 25.12.1984 and he was served with a notice dated 23.2.1985 informing him that he will be retired from service of the factory on 26.3.1985. This notice (Annexure-I) was served on the respondent No. 1 on 25.2.1985. Challenging the validity of the said notice dated 23.2.1985 (Annexure-1), respondent No. 1 made a representation (Annexure-II) under Clause LL (4) before the U. P. Labour Commissioner, Kanpur Nagar on 18.3.1.985 alleging inter alia that he has not attained the age of 60 years as mentioned in his educational record. On the representation of the respondent No. 1 (Annexure-II) the Labour Commissioner, Kanpur passed an order dated 13.8.1985 directing Dy. Labour Commissioner. Bareilly to hear and decide the representation made by respondent No. 1 under Clause LL of the Standing Order. The parties adduced oral and documentary evidence in support of their respective case. The respondent No. 1 filed a copy of the transfer certificate issued by the Primary Pathshala Ghemau, district Kanpur, which shows that respondent No. 1 has passed class IVth and left the school on 27.4.1940 and his date of birth was noted as 1.7.1929. In the said transfer certificate (Annexure-IV) issued on 9.10.1984. After hearing the parties, the Dy. Labour Commissioner accepting the case of the respondent directed that the date of birth of respondent No. 1 as mentioned in the aforesaid transfer certificate (Annexure-lV) should be accepted as correct. He accordingly directed that the date of birth of respondent No. 1 should be held as 1.7.1929 and he was entitled to remain in service upto 30.6.1989. This order dated 31.12.1988 passed by the Dy. Labour Commissioner is Annexure-XI on record.

(3.) Feeling aggrieved by the said order of Dy. Labour Commissioner dated 31.12.1988, the petitioner L.H. Sugar Factory Co. Ltd. has come up in this Court by filing the present writ petition.