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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Mangra Etwa, S/o Etwa Bango – Appellant
Versus
Management of Bogapani Tea Estate – Respondent
JUDGMENT :
Heard Mr. B. Chakravarty, learned counsel appearing for the petitioner in WP(C) No.6540/2018 and for the respondent No.3 in WP(C) No.2996/2018; Mr. S. Chakravarty, learned counsel appearing for the petitioner in WP(C) No.2996/2018 and for the respondent No.1 in WP(C) No.6540/2018. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate for the State respondent in WP(C) No.6540/2018 and respondent Nos.1 and 2 in WP(C) No.2996/2018.
2. Both the writ petitions having arisen out of the award dated 21.12.2017 passed by the learned Labour Court, Dibrugarh in reference Case No.1/2015, which was published on 05.03.2018 vide Memo No.GLR.32/2018/16-A, is being taken up together for final disposal by this common judgment.
3. The brief facts of the case is that the petitioner (hereinafter referred to as workman) in WP(C) No.6540/2018 was appointed as Sub-staff at the respondent tea estate of the respondent No.1 in WP(C) No.6540/2018 (hereinafter referred to as management) in the year 1986.
4. Thereafter, the workman was promoted to Sub- staff, Grade-II with effect from 01.06.2007 by order dated 22.05.2007. Upon attaining the age of superannuation, the management i
The management's retirement of the workman was justified based on official records, and the workman's claim of a different date of birth was not substantiated.
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 date of birth recorded in the Matriculation Certificate authenticated by the Education Board is conclusive proof of age, and a change in date of birth cannot be entertained at the fag end of serv....
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.
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