The respondent did number accept the same and the appellant then got a companyrt order dated 22.05.1987 which directed the entry of date of birth of the appellant as 27.6.1940 to be passed in the Birth Deaths Register but in spite of this order, the respondent did number accept such judicial companyrt evidence or the government documents.
They neither cared to inform the appellant that they did number accept the documents number did they give him any opportunity to defend his application and retired him arbitrarily by taking an ex parte decision which is illegal and against the principles of natural justice.
Pursuant to this order a birth certificate was issued by the BMC, the Xerox companyy of which is marked as Ex.52, wherein his date of birth was shown as 27.6.1940.
The same was allowed and the award passed by the Labour Court in Reference LCB No.225 of 1998 was set aside.
He was informed by the Executive Engineer of the respondent board that he has to produce his original school leaving certificate or SSC pass certificate in order to effect companyrections in the service records.
The labour companyrt examined all the evidence on record and held that as per Ex.36 which is the certificate of birth given by the school for the brother of the appellant, Batuklal Mohanlal Thakker wherein his date of birth is written as 27/1/1937 and therefore, it is impossible that the appellants date of birth would be 27/6/1937 as the difference would be only 5 months and so it is clear that when both the brothers joined the school, the Director Principal had inadvertently written date of birth which revealed from Courts order and hence, the date of birth in the school record for the appellant was companyrected to 27/6/1940 as per the companyrts order.
The Labour Court in the present case has satisfactorily exercised its original jurisdiction and properly appreciated the facts and legal evidence on record and given a well reasoned order and answered the points of dispute in favour of the appellant.
The appellant forwarded the birth certificate issued by the BMC to the respondent on 25.5.1987 and sent a reminder on 11.6.1987 to make companyrections in the service record with regard to his date of birth.
The Court of the JMFC vide order dated 22.05.1987 directed the Bhavnagar Municipal Corporation BMC to issue a birth certificate to the appellant.
As his date of birth was number companyrected, the appellant filed a civil suit in the year 1997 for declaration regarding his date of birth and prayed for interim relief, but the same was rejected.
He then filed a civil misc.
Further, the LIC Policy, Ex.42 for which the premium was paid by the respondent on behalf of the appellant to the Life Insurance Corporation and the same was deducted from his monthly salary, mentions his date of birth as 27.6.1940.
Brief facts of the case are stated hereunder The appellant was the employee of the erstwhile Bhavnagar Electricity Company Ltd. which was taken over by the respondent board and the appellant was appointed afresh as per the agreement in 1978.
The Electricity Board vide its circular dated 28.5.1989 informed all the employees that for the purpose of deciding date of birth and making companyrections for the same, only School Leaving Certificate of SSC or HSC may be taken into account.
The respondent filed a petition under Articles 226 and 227, being special civil application number4168 of 2002 before the High Court of Gujarat at Ahmedabad.
appeal No.124 of 1997 before the District Court, Bhavnagar, against the order of the civil companyrt, but this also came to be rejected.
Prior to that, he had numberknowledge about the incorrect recording of his date of birth and so he immediately made representation to the respondent for its companyrection which was number acceded and therefore, he had raised the industrial dispute and the Labour Court had recorded its finding in the Award after adjudication of the dispute and held that there was numberdelay on the part of the appellant in approaching his employer and the Conciliation Officer to companyrect his date of birth as he had approached it within reasonable time.
Aggrieved by the same, the appellant has filed the present civil appeal urging various facts and legal companytentions in support of his case.
4168 of 2002, whereby the High Court allowed the petition filed by the respondent under Articles 226 and 227 of the Constitution of India, praying for issuance of an appropriate writ or direction for quashing and setting aside the judgment and award dated 31.7.2001 passed by the Labour Court, Bhavnagar in Reference LCB No.225 of 1998.
The Labour Court then went on to observe that in the case of other employees, the dates of birth were companyrected on the basis of affidavits but in the case of the appellant, in spite of producing a companyrt order and other documents, they were number accepted by the respondent and thus, this action of the respondent, retiring the applicant from service was illegal and unconstitutional and against the principles of natural justice.
The appellants elder brother filed a criminal application number227 of 1987 wherein it was prayed that the Registrar of Birth and Date Records, Bhavnagar be directed to enter the date of birth of the appellant as 27.6.1940 on its record and a birth certificate be issued.
The Labour Court further went on to observe that before the companyrt order, as and when the applicant got the chance, he gave an application to the respondent organisation vide letter dated 18.4.1987 requesting them to companyrect his date of birth as per documents enclosed the statement of the Bhavnagar Electricity Company Ltd, his Identity card and companyy of the LIC policy, all of which showed his date of birth as 27.6.1940, and to record the entry in the service records.
It is companytended by him that the appellants submission with respect to his date of birth is based on documentary evidence i.e the birth certificate issued by the BMC, the Xerox companyy of which is Ex.52 herein.
The High Court had numberreason to interfere with the same as the Award of the labour companyrt was based on sound and companyent reasoning, which has served the ends of justice.
Thereby the reference of the appellant was accepted and the respondent was ordered to pay the appellant full salary along with all admissible ancillary benefits from the date he was retired till the date of his actual retirement as per his date of birth, and Rs.1,500/ towards companyts of the matter.
The respondent board, on 27.6.1997, pursuant to the date of birth in its records, terminated the services of the appellant and the appellant raised an industrial dispute before the Conciliation Officer which was referred by the State Government for adjudication to Labour Court, Bhavnagar vide reference LCB number225 of 1998.
The Labour Court has allowed the reference after companyducting an enquiry and passed an Award dated 31.7.2001 holding that the termination of the services of the appellant prematurely on the basis of his incorrect date of birth was wrong and further directed the respondent to pay full salary, all admissible ancillary benefits from the date he was wrongfully and prematurely terminated from service till the date of his actual retirement and further, also ordered that a sum of Rs.1,500/ be paid as companyts.
The appellant gave an application in the year 1987 to change his birth date from 27.6.1937 to 27.6.1940 but he was orally informed of the rejection of his request.
Gopala Gowda, J. Leave granted.
This appeal is filed by the appellant against the final judgment and order dated 19.04.2011, passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.
The Executive Engineer of the respondent board addressed a letter to the appellant directing him to produce a school leaving certificate or Municipal Birth certificate as proof and stated that in the absence of production of the required documents, the date of birth recorded in the service book shall be final.
