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1992 Supreme(AP) 216

V.SIVARAMAN NAIR
B. Komaraiah – Appellant
Versus
Singareni Colleries Co. , Ltd – Respondent


V. SIVARAMAN NAIR, J.

( 1 ) PETITIONER entered service as Munshi in the Shanthi Khani Mine of Singareni colleries, on 17-3-1958. He had studied upto TV Form (IX Class) in the government High School for Boys, Guntur from 25-7-1951 to 4-9-1951. He discontinued the studies and left the school. He applied for a Transfer certificate on 28-6-52 and the same was furnished to him on 30-6-1952. Petitioner submits that he had produced the above Transfer Certificate at the time when he joined duty in Shanti Khani Mine. He submits further that it was because of his educational qualification disclosed by the transfer certificate that he was appointed as Munshi. The date of birth was mentioned therein as 11-7-35. Petitioner submits that his age was wrongly recorded in his service record as 26 years, on 17-3-1958. The effect of that entry was that he would have been born in 1932. In 1989, there were reports of discrepancy in the dateof birth of some of the employees as entered in the company records. Petitioner came to know on enquiries that the transfer certificate which he had produced at the time of entry into service was missing from the records and therefore the employer had assessed his age











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