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C.Y.SOMAYAJULU
Nizam Sugar Factory Ltd. , Shakkamagar, Bodhan – Appellant
Versus
Sarfaras Baig – Respondent
What is the period of limitation for a suit for declaration of date of birth under Article 58 of the Limitation Act? What is the effect of a declaration suit on the date of birth when the defendant contends limitation was not pleaded but the court applies Section 3 of the Limitation Act? What is the jurisdiction of civil courts versus Industrial Tribunals in a suit seeking declaration of date of birth and consequential relief such as date of superannuation?
( 1 ) DEFENDANT in o. S. No. 138 of 1987 on the file of the Court of the District Munsif, Bpdhan is the appellant. Respondent filed the aforesaid suit to declare his date of birth as 4th Khurdad 1341 fasli equivalent to 4th April 1932 and consequently his date of superannuation as 3rd April 1992.
( 2 ) THE case, in brief, of the respondent is that at the time of his entry into the service of appellant, since the appellant did not insist on production of proof of his date of birth, he did not produce proof relating to his date of birth. In 1980 when the officials of the appellant wanted him to be present before the Age Fixation committee he presented himself before the Committee and requested it to call for the record relating to his date of birth from Biloli school where he studied. But the Committee without calling for the record and without any basis arbitrarily fixed his age as 53 years as on 26-6-1980. Thereafter, though he has been continuously making representations to the appellant to fix his age by calling for the records from Bioli School, appellant without taking any action in that regard served a notice dated 5/ 6-3-1987 on him that he would-be super
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