D. Y. CHANDRACHUD, ANIRUDDHA BOSE
Shankar Lal – Appellant
Versus
Hindustan Copper Ltd. – Respondent
JUDGMENT :
ANIRUDDHA BOSE, J.
The appellant is before us primarily questioning the validity of an order of the employer (Hindustan Copper Limited the first respondent in this appeal) treating his date of birth as 21st September 1945. This date has relevance for computation of his benefits accruing from a Voluntary Retirement Scheme (“VRS”), for which he applied and was granted. The appellant’s stand is that his date of birth is 21st September 1949. The appellant had invoked the writ jurisdiction of the High Court of Judicature for Rajasthan at Jaipur (“the High Court”), but was unsuccessful before a Single Judge and the Division Bench in sustaining his case. If the latter date, i.e. 21st September, 1949 was accepted by the employer to be his date of birth, his financial benefits from the said scheme would have been higher, as he would have had longer service tenure left. It appears that the tenure of service left was the basis on which the VRS benefit was to be computed. We would like to point out here that in the pleadings and copies of various other documents forming part of the paper-book, there are overlapping dates claimed by the appellant to be his actual date of birth. These a
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