DOMINIC FERNADES Vs. VOLTAS LTD

JUDGEMENT

(1.) This petition is directed against the award and judgment dated 26th April, 2004 in Reference (IDA) No. 932/1999 passed by the First Labour Court holding that the petitioner is not entitled to reinstatement with full backwages and continuity service with effect from 1st December, 1997.

(2.) The brief facts of the case as borne out from the petition are that the petitioner-workman was appointed on 22nd June, 1956 as 'Mazdoor' on temporary basis. At that time, while seeking temporary appointment, he had disclosed his date of birth as "1-1-1938". However, according to the petitioner, his correct date of birth is "1st January, 1939" and not 1st January, 1938. After completion of initial temporary service, the petitioner was again appointed from time to time on fixed temporary tenure basis till 10th April, 1962. According to the petitioner, in the temporary appointment letters dated 9th October, 1961 and 26th March, 1962, issued by the respondent-employer, his date of birth was shown as 1st January, 1939. According to him, he has taken education till 8th standard. In his perception, in the first approach to the employer, by mistake, he must have written his year of birth as 1938. But, thereafter, in the year 1961, he got it corrected as "1st January, 1939" by making representation. That is how, according to him, in all subsequent appointment letters dated 9th October, 1961; 23rd March, 1962 and 10th April, 1962 his date of birth came to be shown as "1-1-1939".

(3.) The petitioner's further case is that sometime in the month of February, 1994, for the first time, he noticed from his Provident Fund Declaration and Nomination Form, that the initial entry of the year of his birth, which was shown as "1939", was cancelled and substituted with that of "1938" by hand. The petitioner has, thereafter, sought correction with regard to the year of his birth in the record of the employer, by making representation to the respondent. According to him, even after 1994, the provident fund statements issued to him by the internal Trust of the respondent continued to show his birth date as 1st January, 1939. Thus, according to the petitioner, as per his date of birth, he ought to have been made to retire on 31st December, 1998, however, he was made to retire prematurely on 31st December, 1997.