STEEL AUTHORITY OF INDIA Vs. INDUSTRIAL COURT

JUDGEMENT

(1.) THE petitioner has filed this petition under Articles 226 and 227 of the Constitution of India, in the manner of M. P. Industrial Relations Act, 1960 with a prayer to quash the impugned orders dated 10-9-1982 (Annexure K) passed by the labour Court, Durg and the impugned order dated 20-5-1983 (Annexure L) passed by the Industrial Court, Indore.

(2.) THE facts giving rise to this petition may be stated in brief, thus : The respondent No. 3 Sadanand Rath was originally appointed as a Fitter in the Bhilai Steel plant with effect from 31-12-1958 and was working as Auxiliary Attendant on the operation side of Power and Blowing Station, Bhilai Steel Plant, Bhilai at the time of his retirement from service. At the time of his initial appointment in service the respondent no. 3 had declared his date of birth as 18-3-1924 and entries to that effect were made in the Service Roll of respondent No. 3, which have been duly signed by him as per Annexure A.

(3.) IN the year 1963, when the respondent No. 3 submitted his application for admission to the contributory provident fund, he stated the date of his birth in the said application as 25-3-1924 and in the declaration and nomination form, which is also to be submitted as required by the Rules of the provident fund, the respondent No. 3 gave his date of birth as 25-3-1924 as per Annexure-B. Accordingly in the initial records maintained by the petitioner, in the service roll of respondent No. 3 his date of birth was duly recorded as 18-3-1924.