RAFIUDDIN Vs. BHARAT HEAVY ELECTRICALS LTD

JUDGEMENT

(1.) IN the present petition, the petitioner has challenged the order passed by the State Industrial Court, which is Annexure 'D' to the petition. This order has been passed by the State Industrial Court hearing the appeal submitted by the respondents against the order passed by the Labour Court, Bhopal on 14.9.1989.

(2.) THE facts leading to the present case are that the petitioner entered into the services of the respondents as a Peon with effect from 25.11.1957. When the petitioner entered into the services of the respondents, his date of birth was recorded as 21.9.1925. The petitioner submitted an application in the year 1972 for correcting his date of birth. It was submitted by the petitioner that his correct date of birth is 21.1.1929. The petitioner also submitted necessary certificates in support of his date of birth. The said date of birth was disputed by the petitioner after his superannuation. The Labour Court allowed the claim of the petitioner and directed that the petitioner has wrongly been retired by the respondents. The Labour Court further directed that correct date of birth of the petitioner be treated as 21.1.1929. The Labour Court further directed for the payment of back wages.

(3.) THE counsel for the petitioner before this Court submitted that the Industrial Court was not correct while coming to a conclusion in para-13 of its judgment Annexure 'D' to the petition. It is submitted that Industrial Court relied upon clause 14 (A) (2) of the M.P. Industrial Employment (Standing Orders) Rules, 1963. According to the Counsel for the petitioner, these standing orders are not applicable to the respondents, as the respondent employer has their own certified standing orders. Therefore, the model standing orders shall not apply.