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2014 Supreme(Bom) 1409

N.M.JAMDAR
Executive Engineer, Maharashtra State Electricity Board Administrative Building Krishna Nagar, Satara – Appellant
Versus
Vijay Narhar Athawale – Respondent


Advocates Appeared:
Ms.A.R. S. Baxi for the Petitioner.
Mr. P.B. Shah for the Respondent.

JUDGMENT :

1. The Petitioner-Maharashtra State Electricity Board challenge the orders passed by the Labour Court, Satara and the Industrial Court, Satara allowing the complaint filed by the Respondent and declaring that the order of retirement of the Respondent with effect from 31 January 1998 were illegal and the Respondent deemed to have retired on 31 July 2001, with further direction to pay the monetary benefits to the Respondent.

2. The Respondent joined the services of the Petitioner-Board on 6 February 1968 as a 'helper.' Thereafter, he was working as a ‘Lineman.’ In 1993, he was promoted as 'Line Foreman.' He was drawing basic salary of Rs.3,480/-p.m. His service record showed his date of birth as 4 January 1940. On 14 December 1987, a letter was issued to the Respondent by the Executive Engineer of the Petitioner for verification of his birth date. It was stated that after perusal of the service record, it was noticed that the date of birth of the Respondent was not attested and for that purpose, within 8 days, the Petitioner should produce his school leaving certificate. It was also mentioned that service book did not contain the school leaving certificate, which needed to



































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