GH MOHD BHAT Vs. J&K INDUSTRIES LTD

JUDGEMENT

(1.) REVISION petitioner before this Court filed the civil suit for declaration and injunction against respondents/defendants with prayer for declaration that the date of birth recorded in the alleged service book of the petitioner, be acted upon and for injunction to restrain the respondents from altering his date of birth for purpose of his retirement on superannuation under the respondents, from Industries Department of the State In the suit, petitioner also moved an application for ad -interim injunction before the trial Court of Judge Small Causes Srinagar The trial Court passed the order directing the defendants to "strictly act upon the entry made in the service book regarding his date of birth as far as the superannuation of the plaintiff is concerned till final disposal of the suit" Against this order dated: 4.7.95 of Judge Small Causes Srinagar, respondents/J&K Industries filed an appeal. Learned District Judge Srinagar after examining the matter and on hearing the parties, has set aside this restraint order on 19.4.96. Against this order the present revision is filed.

(2.) FOR our present purposes, reference in brief to following facts is necessary.

(3.) PLAINTIFF has averred in plaint that he is an illiterate person and at the time of entry in service he has declared his date of birth as 1.7.1950 in presence of two or three persons as accepted and attested by Manager Plyboard Industries Ltd. Srinagar. Copy of service book has not been provided to him. As he suspects that the respondents may prepare a Fraudulent service book with modified date of birth, therefore, the suit.