Back
ROHIT RANJAN AGARWAL
Triveni Engineering And Industries Ltd. – Appellant
Versus
Deputy Labour Commissioner U. P. – Respondent
JUDGMENT :
Hon'ble Rohit Ranjan Agarwal, J.
Heard Sri Deeptiman Singh, learned counsel for the petitioner, learned Standing Counsel for respondent No.1 and Sri Vibhu Rai, learned counsel for respondent No.2.
2. This writ petition has been filed assailing the order passed by the Deputy Labour Commissioner, Meerut dated 19.3.2002.
3. Learned counsel for the petitioner has contended that the Standing Order was enforced in the petitioner's sugar mill in the year 1988. Part-LL of the Standing Order provides for the retirement of workmen on reaching the age of superannuation. Clause 3 provides for any modification in the date of birth which can be done within a period of one year from the date of enforcement of the Standing Order. Further, Clause 3-C provides that the date, month and year of birth entered and recorded in Provident Fund record shall be taken as final. Part-LL of the Standing Order is extracted hereas under:-
2. The Provident Fund record of the factory specifying the workman's age should, to being with, be taken as the reliable record of the age of a workman for purposes of
The court established that modifications to an employee's recorded date of birth must be made within one year of the Standing Order's enforcement, and late applications are not permissible.
The absence of birth proof at the time of appointment justifies reliance on the age determined by the employer's medical officer, with no entitlement to change it near retirement.
The court emphasized the binding nature of medical opinions on age determination and the necessity for employers to adhere to established procedures in maintaining accurate employment records.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
