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ROHIT RANJAN AGARWAL
Alstom Ltd. – Appellant
Versus
P. O. Industrial Tribunal I U. P. Alld. – Respondent
JUDGMENT
Rohit Ranjan Agarwal, J.
List has been revised.
2. Heard Sri Piyush Bhargava, learned counsel for the petitioner. Mr. Sajid Emam Naqvi, Advocate holding brief of Sri Rahul Jain, learned counsel appearing for respondent no. 2/workman is present. He states that he has no instructions from his client.
3. This writ petition has been filed assailing the reference order dated 19.06.1995 and the award dated 27.07.1998, published on 05.03.1999 in Adjudication Case No. 80 of 1995.
4. Facts in brief, are that workman/respondent no. 2 was engaged in the service of the petitioner-company. According to petitioner-company, the date of birth as recorded in the Group Savings Linked Insurance Scheme filled by the workman was 15.06.1933. The workman attained the age of superannuation on 14.06.1991 and all the dues were paid to the workman. He raised industrial dispute and a reference was made by the State Government exercising power under Section 4 -K read with Section 2 -A of the Industrial Disputes Act on 19.06.1995. The Labour Court made an award on 27.07.1998 holding the date of birth of the workman to be February, 1935 and held that he was entitled for the back wages from 15.06.1991 to
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 court upheld an employer's right to legally reduce the age of superannuation from 60 years to 58 years under applicable labor laws.
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.
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