Decided on March 08,1999

Gh Mohd Bhat Appellant
JAndK Industries Ltd Respondents


- (1.) REVISION petitioner before this Court filed the civil suit for declaration and injunction against respondents/defendants with prayer for declaration that the date of birth recorded in the alleged service book of the petitioner, be acted upon and for injunction to restrain the respondents from altering his date of birth for purpose of his retirement on superannuation under the respondents, from Industries Department of the State In the suit, petitioner also moved an application for ad -interim injunction before the trial Court of Judge Small Causes Srinagar The trial Court passed the order directing the defendants to "strictly act upon the entry made in the service book regarding his date of birth as far as the superannuation of the plaintiff is concerned till final disposal of the suit" Against this order dated: 4.7.95 of Judge Small Causes Srinagar, respondents/J&K Industries filed an appeal. Learned District Judge Srinagar after examining the matter and on hearing the parties, has set aside this restraint order on 19.4.96. Against this order the present revision is filed.
(2.) FOR our present purposes, reference in brief to following facts is necessary.
(3.) PLAINTIFF has averred in plaint that he is an illiterate person and at the time of entry in service he has declared his date of birth as 1.7.1950 in presence of two or three persons as accepted and attested by Manager Plyboard Industries Ltd. Srinagar. Copy of service book has not been provided to him. As he suspects that the respondents may prepare a Fraudulent service book with modified date of birth, therefore, the suit. The defendants, who have filed the written statement in the suit, are resisting the suit on the ground that the plaintiff was initially inducted in service on 15.2,1965, as labourer in Brick and Tile Factory at Pampore. At the time of entry in service and in his declaration in Employees Provident Fund Form No. II, plaintiff has declared his date of birth as 1.7.1938. This has been done pursuant to and as required by the State Industries Service Regulations and standing orders of J&K Industries. Plaintiff has consciously chosen not to mention anything of the sort in the plaint. The petitioner has been given three years extension earlier on his attaining age of 55 years, which he accepted without any murmur After availing this benefit the petitioner has turned around to claim further benefit of 13 years extension in age In the service record of the plaintiff clearly and unambiguously his date of birth is recorded as July 1 1938, This entry regarding his age is recorded since 1965, the time of plaintiffs initial entry in service. The service book is not prepared, as only his service record is maintained, as required by rules applicable to plaintiff, an employee of Industries. The extension is claimed after over three decades at the fag end of service in order to get benefit of claim advanced on sought extended superannuation age.;

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