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ASHUTOSH KUMAR, ANJANI KUMAR SHARAN
Bimal Chandra Jha – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J.—Heard Mr. Lallan Kumar, the learned Advocate for the appellant and Mr. Alok Kumar Sinha, the learned counsel for the respondent 2nd set/Shree Baidyanath Ayurved Bhawan Private Ltd.
2. Mr. Rohitab Das, the learned counsel for the State is also present.
3. The judgment under challenge is dated 02.08.2017, passed in C.W.J.C. No. 8999 of 2014, whereby the Award dated 05.02.2014, passed by the Industrial Tribunal, Patna in Reference Case No. 36 of 2007, in favour of the appellant, has been set-aside.
4. The respondent 2nd set/Shree Baidyanath Ayurved Bhawan Private Ltd. had challenged the Award dated 05.02.2014, referred to above, on various grounds, the primary one being that the Reference in itself was bad as it was not an industrial dispute, but an individual dispute regarding the retirement age of the appellant herein.
5. Apart from that, it was urged on behalf of the respondent 2nd set before the writ Court that the issue of change in the date of birth was raked up after about 34 years and immediately before the date of superannuation of the appellant. It was contended that the appellant could not have been treated as a workman under the Industrial Disputes Act, 1947
An employee is not entitled to raise a dispute in respect of correction of date of birth in service record or the age dispute at the fag end of service.
Service records' date of birth final per Standing Orders; late correction not permitted, upholding superannuation.
The main legal point established in the judgment is the importance of reasonable explanation for delay in raising a dispute and the entitlement of the workman to the correction of his date of birth i....
The main legal point established in the judgment is that the jurisdiction of the civil court is not ousted in cases relating to the correction of date of birth, which do not fall under the Industrial....
The requirement to ascertain the existence of an industrial dispute before rejecting an application for reference, and the need to file such applications within a reasonable period of time to maintai....
The main legal point established is the requirement to ascertain the existence of an industrial dispute, the continued existence of the employer/employee relationship for specific purposes even after....
Civil courts retain jurisdiction over disputes concerning age determination when educational documents demonstrate a valid claim, overriding administrative records.
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