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A. Y. KOGJE
Gujarat Electricity Board – Appellant
Versus
Akhil Gujarat Vidyut Kamdar Sangh – Respondent
JUDGMENT :
1. This petition under Article 227 of the Constitution of India is filed against the award dated 31.02.2005 by the Industrial Tribunal, Vadodara in Reference (IT) No.145 of 1994. The award is challenged by the petitioner, who is employer and the award was passed in favour of the respondent which is the union, representing the interest of the workman and against the employee of the petitioner namely Shri Latifkhan Shakookhan Pathan, who was working as a watchman in the City Sub-Division at Anand. By the impugned award and order, the Industrial Tribunal had declared that the respondent workman was wrongly retired on 01.07.1993, considering his date of birth on 01.07.1933, whereas his date of birth is required to be considered as 05.11.1936 and accordingly, ought to have treated as retired on 05.11.1996. The Tribunal therefore, proceeded to hold that the respondent workman is entitled to the benefit of full back-wages and other benefits with continuity of service till 05.11.1996.
2. Learned advocate Ms. Maya Desai appearing for the petitioner has immediately drawn attention of this Court to the service book which is at Annexure-IV and has also produced original of the service
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....
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.
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.
The main legal point established in the judgment is that the declaration of age by a workman at the time of joining, in the absence of documentary proof, can be considered the sole basis for reckonin....
The main legal point established in the judgment is the requirement for irrefutable proof and timely requests for correction of date of birth in service records, as well as the limitations on seeking....
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