DEPOT MANAGER, APSRTC Vs. M.RAJAIAH

JUDGEMENT

(1.) APSRTC presently TSRTC filed this writ petition questioning the impugned Award passed by the Industrial Tribunal at Warangal in I.D.No.25 of 2012 dtd. 30/6/2017, which was published vide G.O.Rt.No.768 dtd. 25/9/2017.

(2.) Heard Sri Gaddam Srinivas, learned standing counsel appearing for the petitioner Corporation, and Sri A.K.Jayaprakash Rao, learned counsel for respondent No.1/workman.

(3.) Learned counsel for the petitioner submits that respondent No.1 was appointed as Driver in the petitioner Corporation on 17/12/1979. At the time of appointment, he declared his date of birth as 10/4/1954 and also mentioned the very same date of birth in the nomination forms. Respondent No.1 got certified by the Assistant Civil Surgeon, Jangaon, on 26/5/1981 that the information furnished in the attested forms is correct and the medical officer after conducting medical examination declared that he is medically fit for employment and in his service record, the date of birth is mentioned as 10/4/1954. He further submits that as per clause (1)(a) of Regulation 6 of APSRTC Employee (Service) Regulations, 1964 (hereinafter called, "Regulation" brevity), petitioner Corporation issued advance notice vide letter No.E2/757/(17)/2011-WL-1, dtd. 1/11/2011, informing respondent No.1 about his due date of retirement and he acknowledged for the same and he has not raised any objection about his date of birth.