DEPUTY DIRECTOR, SOCIAL FORESTRY DIVISION, AMRAVATI Vs. CHANDRAKALA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally with the consent of parties. By this petition filed under Art. 227 of the Constitution of India, the petitioner seeks to challenge the judgment and order dated 28.3.2005 rendered in Complaint (ULP) No.171 of 1998, whereby the learned Member of the Industrial Court allowed the complaint and declared that the correct date of birth of the respondent/ complainant was 2.4.1944 and not 16.4.1938 recorded in her service book.

(2.) Facts :

(3.) The petitioner herein appeared in the Industrial Court and filed written statement and opposed the complaint on the ground that she was estopped from claiming such a relief as even when the seniority list was published from time to time, her date of birth was shown as 16.4.1938 and she never raised any objection to the said recording of her date of birth. It was also averred in the written statement that her services were regularised in "D" group under order dated 19.10.1996 in accordance with the Government Resolution dated 21.1.1996. The petitioner then opposed the complaint on the ground that such a course of changing the date of birth in the service-book is not available after a period of five years from the date of entry in the service book.