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Judges : MALIMATH,BHASKARAN NAMBIAR
USMAN - Appellant
Versus
HINDUSTAN MACHINE TOOLS LTD. - Respondent
Case No : W.A. No. 769 of 1987
Decided On : 10/24/1987
Advocates Appeared :
P.N.K. Achan; K. Vijayan; For Appellant
Registration of Births And Deaths Act, 1969 - Date of Birth - Jurisdiction of Magistrate
Fact of the Case:
The appellant's date of birth was sought to be entered based on an order made by the Magistrate under the Registration of Births And Deaths Act, 1969. The Act came into force in 1970 in Kerala, and the appellant's birth occurred several decades before the Act's enactment.
Finding of the Court:
The Labour Court found that the entry of the appellant's date of birth based on the Act was not valid, as the Act only regulated events occurring after its enactment. The single judge upheld the Labour Court's decision, stating that the finding of fact was correct and not subject to interference.
Issues: Validity of entering date of birth under the Registration of Births And Deaths Act, 1969
Ratio Decidendi: The Act only regulates events occurring after its enactment and does not apply retroactively to events that took place before its coming into force.
Final Decision: The appeal was dismissed, affirming the Labour Court's decision.
1. The learned single judge was right in taking the view that the entry of date of birth of the appellant on the strength of the order made by the Magistrate under S.13(3) of the Registration of Births And Deaths Act, 1969 (Act 18 of 1969) not being an order passed with jurisdiction, the same cannot be relied upon. The Act itself came into force in the year 1970 in the State of Kerala. It is prospective in nature. Hence it is obvious that it regulates only the events that have taken place after the coming into force of the Act. We are now concerned with the date of birth which had taken place several decades before the Act came into force. It is therefore obvious that no action could have been taken to enter the date of birth of the appellant who was born several decades before the coming into force of the Act. The Labour Court on a proper consideration of the evidence has recorded a correct finding. That finding being a finding of fact, is not liable to be interfered with. The learned single judge was therefore justified in not interfering with the order. The appeal fails and is dismissed.
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