RAJYA SAHAKARI KRUSHI V GRAMIN VIKAS BANK KARMACHARI SANGHATANA Vs. MAHARASHTRA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD

JUDGEMENT

(1.) RULE. Shri Singh waives service for the Respondents. By consent the petition is taken up for final hearing.

(2.) THIS petition under Articles 226 and 227 takes exception to the order dated September 15, 1995 passed by the Industrial Court, Bombay whereby an application for temporary injunction filed by the petitioner workmen was dismissed by the Industrial Court.

(3.) THE facts giving rise to this petition are rather peculiar. The petitioner joined the service of the respondent Bank on April 25, 1968 as a Clerk. It appears that at the time of her appointment her birth date was shown as July 7, 1937 in the service record maintained by the respondent. The entry relating to the birth date appears to have been made on the basis of the matriculation certificate produced by the petitioner. Subsequently in pursuance of the circular issued by the bank in 1974 the petitioner submitted a certificate issued by gram-panchayat showing her birth date as July 7, 1940. The petitioner was required to submit this proof relating to her age in view of the general directions contained in the circular calling upon all the employees to submit such proof about their birth date. It was specifically stated in the said circular that a certificate from the gram-panchayat will be admissible for proof of the age. It appears that the birth date mentioned in the gram-panchayat certificate was accepted as the correct birth date which can be seen from the seniority lists of 1983 and 1986 annexed by the petitioner to this petition wherein the birth date of the petitioner was shown as July 7, 1940. Subsequently, however, the Bank informed the petitioner by its letter dated June 5, 1990 that the certificate issued by the gram-panchayat is not acceptable. Thereafter some representations appears to have been made by the petitioner making a grievance that the Bank cannot unilaterally change the birth date of the petitioner from July 7, 1940 to July 7, 1937.