SUPERINTENDING ENGINEER, MSEB, LATUR Vs. KISHEN LAXMAN BADE AGED 55 YEARS, OCC. SERVICE R/O LATUR, KOLE NAGAR, LATUR

JUDGEMENT

(2.) The petitioners are aggrieved by the judgment and order dated 13.1.1997, delivered by the Industrial Court, Solapur, by which, Revision (ULP) No. 76 of 1995 has been allowed and the petitioner has been directed to correct the date of birth of the respondent from 11.9.1937 to 1.3.1939 and pay him wages for the said period with retiral benefits.

(3.) Shri Deshmukh has strenuously supported the impugned judgment. He specifically draws my attention to paragraph Nos.15 to 18 of the impugned judgment and contends that the Industrial Court has rightly set aside the judgment of the Labour Court and has rightly directed the petitioner to correct the date of birth of the respondent, thereby, giving him the benefit of service for a period of 18 months. He submits that there is no perversity in the impugned judgment and this Court should not upset the findings of the Industrial Court, which are based on the record and proceedings.

(4.) I am informed that the respondent joined duties with the petitioner as a lineman on 31.7.1959. It is also undisputed that the retirement age of lineman is 58 years. It is also undisputed that the date of birth of the respondent entered in the service book was 11.9.1937 and he sought correction of his date of birth by application dated 21.12.1994 after putting in 35 years and 5 months in employment.