The judgment establishes the principle that rectification of date of birth, especially on the eve of retirement, requires irrefutable proof and caution to avoid unjust impacts on others' promotions.

JUDGMENT

Milind N. Jadhav, J. - Heard.

2. The present petition has been filed by Mumbai Shramik Sangh union representing workers employed with Respondent No.2 - Rashtriaya Chemicals and Fertilizers ('RCF'), a public sector company. Though the petition is principal seeks setting aside of the impugned award dated 16.08.2021 passed by the Central Government Industrial Tribunal No.2, Mumbai in Reference No.CGIT-2/49 of 2019, the learned counsel appearing for the Petitioner has restricted his urgent application today to press prayer clauses (d) and (g) only. He submits that in so far as the principal relief of setting aside the award is concerned, since there is a vacancy on the post of the Presiding Officer of the Tribunal, the Petitioner has filed the present petition in this Court and that can be agitated later.

3. Prayer clauses (d) and (g) read as under:

"(d) For a writ or an order in nature of writ directing the respondent company not to retire the worker named ashok Lakshaman Pawale subject matter of Reference No. CGIT-2/49 of 2019 likely to be retired w.e.f. 31.05.2022 by Respondent Company.

(g) Pending the hearing and final disposal of the present Petition for an order of this Hon'ble Court directing the respondent company not to retire the worker named ashok Lakshaman Pawale subject matter of Reference No. CGIT-2/49 of 2019 likely to be retired w.e.f. 31.05.2022 by Respondent Company."

4. Mr. Parmar, learned counsel for the Petitioner submits that one of its member presently working with RCF is likely to retire w.e.f. 31.05.2022 as per his service record maintained by RCF. He submits that the said worker namely ashok Laxman Pawale has approached the Petitioner and stated that his date of birth recorded in the service record of RCF is incorrect. He submits that the date of birth of ashok Laxman Pawale as recorded in the service record of RCF is 12.05.1962; the age of retirement being 60 years and hence the date of retirement is 31.05.2022. according to him the actual date of birth is 01.06.1965.

5. Though the petition lacks averments in respect of the aforementioned two prayers which are pressed by the Petitioner today, considering the urgency factor, this Court has heard the matter on 13.05.2022 and 20.05.2022 and reserved the matter for orders on the above reliefs.

6. Respondent No.2 - RCF has filed its affidavit-in-reply dated 19.05.2022 through its Chief Manager ('HR').

7. Mr. Parmar has tendered across the bar a compilation of four documents, inter alia, pertaining to ashok Laxman Pawale in respect of his date of birth being recorded as 01.06.1965 as under:-

8. as seen the aadhar Card of ashok Laxman Pawale shows his date of birth as 01.06.1965. The second document which is his PaN Card shows his date of birth as 01.06.1965. The third document is his School Leaving Certificate which shows his date of birth as 01.06.1965 and the fourth document is the School Registration Certificate which shows his date of birth as 01.06.1965. Mr. Parmar has also tendered the originals of the above four documents across the bar. They have been seen by me and returned back. He submits that on the strength of these documents the date of birth of ashok Laxman Pawale, member of the Petitioner - Union is 01.06.1965 and therefore considering the age of retirement to be at 60 years, his date of retirement ought to be 31.05.2025. He submits that inadvertently in the service record maintained by RCF, the date of birth of ashok Laxman Pawale is shown as 12.05.1962. He submits that since there is a vacancy of the Presiding Officer in the Tribunal, this Court be pleased to adjudicate the above issue in the interest of justice, since if not done, RCF will retire ashok Laxman Pawale on 31.05.2022