J&K MINERALS LTD Vs. SAIF-UD-DIN HAKAK

JUDGEMENT

(1.) THE Respondent/plaintiff was initially engaged as Mali on Daily wage basis in 1979. His services were regularized by the petitioner defendant - corporation vide order No. WCF (Estt) 83 -1054 -62 dated 12.5.1983. The plaintiff in proof of his age presented a certificate of chowkidar showing his age at 34 years. The defendant did not accept the same and referred the plaintiff to State Medical Board for determination of his age. The Board vide its letter dated 31.10.1989 opined that age of the plaintiff approximately could be 42 years and accordingly the said age was entered in his service Book. As per the said recorded age, the plaintiff was to retire on 31.10.2005.

(2.) THE defendant Corporation, however, came to know somewhere in 1998 that the plaintiff had studied in Government High School Khrew upto 4th standard which fact stood suppressed by him so the defendant wrote and obtained Date of Birth certificate from the said school which certified the date of birth of the plaintiff to be 21.12.1937. On the basis of the said date, the plaintiffs retirement was to take place w.e.f. 1.1.1996 so saying that the plaintiff had overstayed the defendant by its order No. Estt. PF/2004 -6760 -66 dated 1.8.2001 terminated the services of the plaintiff with immediate effect.

(3.) THE plaintiff challenged the termination order in a Civil Suit before the Trial Court and along with suit moved an application for ad -interim injunction. Learned Trial Court being of the view that plaintiff has a strong prima facie case commanded the defendant to allow the plaintiff to join and continue in service and not to treat his services as terminated.