WESTERN COALFIELDS LTD Vs. CHANDRAPRAKASH KRISHNALAL KHARE

JUDGEMENT

(1.) This revision is preferred by the defendants, feeling aggrieved by the order rejecting their application under Order 7, Rule 11(d) of C.P.C..

(2.) The facts giving rise to this revision are as follows Respondent/plaintiff filed a suit for declaration about his date of birth and arrears of salary. The respondent/plaintiff also sought a relief that it be declared that his superannuation was illegal. Respondent was in service of the applicant as Deputy Chief Finance Manager. The respondent alleges that he was unilaterally superannuated by the applicant in August, 1996. It is his case that at the time of his appointment in 1975, he had submitted a matriculation certificate as well as affidavit of his father that his correct date of birth was 10/ 8/1948. This proof by way of affidavit was accepted by the applicant. However, in 1991, when respondent/plaintiff received seniority list, he noticed that his date of birth is recorded in the office record as 10/08/1938. The respondent immediately wrote to the applicant to correct the mistake. The applicant informed by letter dated 8/5/1991 that the date is correctly recorded and there is no need to make any change. The respondent, therefore, made a representation. Ultimately, the respondent was served with a notice of superannuation w.e.f. 31/8/1996. The respondent filed a writ petition challenging this notice of superannuation but he later withdrew the said petition. Thereafter, respondent filed this suit on 17/12/2007 challenging the superannuation and the refusal to change the date of birth.

(3.) The applicant/defendant appeared before the trial court and filed application under Order 7, Rule 11(d) of C.P.C. mainly contending that the plaint is defective and is liable to be rejected as the suit is hopelessly barred by limitation. The learned Judge of the trial court rejected the application and the defendants feel aggrieved thereby.