BHERU LAL Vs. GRASIM INDUSTRIES LIMITED

JUDGEMENT

(1.) THE petitioner has filed this writ petition under Article 227 of the Constitution of India challenging the order dated 8-3-2010 (Annexure P-2) passed by the President, Industrial Court of Madhya Pradesh, Indore in Civil Appeal No. 151 of 2009, by which the respondent's appeal has been allowed and the order dated 15-7-2009 passed by Labour Court. Ujjain in Case No. 185 of 2001 (Labour) has been set aside.

(2.) BRIEFLY stated, the petitioner was working as an employee in the Maintenance Department of the respondent Grasim Industries Limited, Nagda. On attaining the age of superannuation, he was retired by the respondent vide order dated 23-3-2001 w.e.f. 30-6-2001.

(3.) AGGRIEVED by the aforesaid order dated 15-7-2009 passed by the Labour Court, the respondent (employer) filed an appeal under Section 65 of the Act of 1960 before the Industrial Court. The President, Industrial Court. vide impugned order dated 8-3-2010 passed in Appeal No. 151/2009 allowed the respondent's appeal. The Industrial Court held that the petitioner himself declared his date of birth as 1943 at the time of entry in the service. It held that the date of birth which is being claimed by him vide application dated 16- 8-2000 as 9-3-1953, has not been proved by him by producing a reliable and admissible evidence, in the circumstances, the same cannot be treated to be his date of birth. AGGRIEVED, the petitioner has filed this petition under Article 227 of the Constitution of India.