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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Md. Abid Hussain, sons of late Md. Khalil – Appellant
Versus
Steel Authority of India Limited, through its Managing Director – Respondent
JUDGMENT :
(Shree Chandrashekhar, J.)
The workman claiming that he was forced to superannuate on 31st March 2002 about 4 years prior to the actual date of retirement from service raised a dispute which was referred for adjudication to the Labour Court at Bokaro.
2. The Labour Court at Bokaro answered the reference against the workman and made an award dated 28th October 2005 holding that retirement of the workman from service on 31st March 2002 was justified.
3. In W.P(L) No.2969 of 2006, challenge laid by the workman to the award dated 28th October 2005 failed and therefore the present Letters Patent Appeal was filed by the workman (now, represented through his legal heirs).
4. Briefly stated, the workman Md. Khalil joined as Welder under the Management of Steel Authority of India Limited (in short, “Management”) on 21st March 1974. According to the workman, at the time of entering into the service he was asked to undergo a medical fitness test and his age as on 12th March 1974 was assessed around twenty-seven and a half years. After about twenty years of service, he came to know that his date of birth was changed to 21st March 1942 behind his back and therefore made several repre
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....
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....
Service records' date of birth final per Standing Orders; late correction not permitted, upholding superannuation.
Requests for correction of date of birth at the fag end of service are not sustainable, as established by various precedents.
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