STATE OF H.P. Vs. KHIRAD RAM

JUDGEMENT

(1.) A challenge has been laid by the petitioners-State to the award passed by the Presiding Judge, Labour Court-cum- Industrial Tribunal, Dharamshala, dated 17.10.2005 in reference No.3/2002.

(2.) THE State Government had made the following reference to the Labour Court-cum-Industrial Tribunal, Dharamshala:-

(3.) THE primary contention of the workman before the Labour Court was that he had been pre-maturely retired by the Assistant Engineer vide letter dated 31.5.2000 instead of 30.4.2010 on the basis of disputed birth certificate dated 3/6 February, 1995 reflecting his date of birth 24.5.1940 issued by the Additional Registrar (Death and Birth) Medical Officer, Kangra at Dharamshala and not on the basis of the birth certificate issued by the Chief Medical Officer (Medical Board), Kangra at Dharamshala whereby his age had been shown as 47 years vide letter dated 29.4.1995. The main contention of the employer before the Labour Court was that the workman himself had produced the birth certificate issued vide letter dated 3/6 February, 1995 at the time of his regularization and he was estopped from challenging his date of birth at the fag end of his career. The Labour Court on the basis of the evidence led by the parties had answered the reference on 17.10.2005,