MUKHTAR SINGH Vs. STEEL AUTHORITY OF INDIA LTD. AND OTHERS
HIGH COURT OF CHHATTISGARH
Steel Authority Of India Ltd. And Others
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Sunil Kumar Sinha, J. -
(1.) By way of this writ petition, filed under Article 226/227 of the Constitution of India, the petitioner has challenged the legality of the order dated 28.06.1997 passed in appeal case no. 247/MPIR/96 by the member Judge of Industrial Court Madhya Pradesh, Bench, Raipur. The Industrial Court, reversed the order passed by the Labour Court, Durg on 15.04.1996 in case No. 115/MPIR/92 and dismissed the claim of the petitioner regarding correction of date of birth in his service records.
(2.) The brief facts are that the petitioner, who was in employment of respondent No. 1, filed an application under Sections 31 (3) read with 61 of MPIR Act before the Labour Court, Durg seeking a declaration that the alteration in his date of birth in service records from 20.07.1944 to 01.07.1939 be declared illegal and inoperative and the dated of birth of the petitioner should be held as 20.07.1944 having a right to continue in employment upto 31.07.2002.
(3.) The case of the petitioner is that he entered in to employment of respondent No. 1 on 20.07.1964. He declared his age as 20 years on 20.07.1964. Accordingly his date of birth was assessed as 20.07.1944 and the same was recorded in his service book. However, the petitioner came to know that his date of birth has been changed from 20.07.1944 to 01.07.1939. On enquiry, he could come to know that this date of birth, as 01.07.1939, was computed on the basis of an entry in the Employment Index Card. The petitioner made efforts with the company to correct his date of birth but the same was not done, therefore, the aforesaid case was filed before the Labour Court.;
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