J. SREENIVAS RAO
Depot Manager – Appellant
Versus
M. Rajaiah, S/o. Mankaiah – Respondent
ORDER :
APSRTC presently TSRTC filed this writ petition questioning the impugned Award passed by the Industrial Tribunal at Warangal in I.D.No.25 of 2012 dated 30.06.2017, which was published vide G.O.Rt.No.768 dated 25.09.2017.
2. Heard Sri Gaddam Srinivas, learned standing counsel appearing for the petitioner Corporation, and Sri A.K. Jayaprakash Rao, learned counsel for respondent No.1/workman.
3. Learned counsel for the petitioner submits that respondent No.1 was appointed as Driver in the petitioner Corporation on 17.12.1979. At the time of appointment, he declared his date of birth as 10.04.1954 and also mentioned the very same date of birth in the nomination forms. Respondent No.1 got certified by the Assistant Civil Surgeon, Jangaon, on 26.05.1981 that the information furnished in the attested forms is correct and the medical officer after conducting medical examination declared that he is medically fit for employment and in his service record, the date of birth is mentioned as 10.04.1954. He further submits that as per clause (1)(a) of Regulation 6 of APSRTC Employee (Service) Regulations, 1964 (hereinafter called, “Regulation” brevity), petitioner Corporation issued advance
Karnataka Rural Infrastructure Development Limited Vs. T.P.Nataraja and Ors : 2021 11 Scale 110
An employee is not entitled to raise a dispute in respect of correction of date of birth in service record or the age dispute at the fag end of service.
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.
The burden of proof lies on the employee to establish the incorrectness of the date of birth recorded in the service records, and the Industrial Tribunal's jurisdiction is limited to the scope of the....
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....
Correction of date of birth can only be permitted in exceptional cases with irrefutable proof, and applications can be rejected on the ground of delay and laches, especially when made at the fag end ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.