ISWARLAL MOHANLAL THAKKAR Vs. PASCHIM GUJARAT VIJ COMPANY LTD.
LAWS(SC)-2014-4-105
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on
April 16,2014
Iswarlal Mohanlal Thakkar
Appellant
VERSUS
PASCHIM GUJARAT VIJ COMPANY LTD.
Respondents
Referred Judgements :-
HARJINDER SINGH VS. PUNJAB STATE WAREHOUSING CORPORATION [REFERRED TO]SHALINI SHYAM SHETTY VS. RAJENDRA SHANKAR PATIL [REFERRED TO]
HEINZ INDIA PVT LTD VS. STATE OF U P [REFERRED TO]
Cited Judgements :-
SUNITA SAWHNEY VS. UNION OF INDIA & ORS [LAWS(DLH)-2015-12-343] [REFERRED]NARENDRAKUMAR NARSINHBHAI VANKAR VS. MEDICINAL & AROMATIC PLANTS [LAWS(GJH)-2016-4-356] [REFERRED TO]
STATE OF GUJARAT VS. JITENDRABHAI RAMESHBHAI SODARAVA [LAWS(GJH)-2018-4-174] [REFERRED TO]
D.A.V. SENIOR SECONDARY VS. GANGA DEVI [LAWS(DLH)-2019-10-10] [REFERRED TO]
WORKMEN VS. EMPLOYERS IN RELATION TO THE MANAGEMENT OF BHALGORA AREA [LAWS(JHAR)-2016-2-9] [REFERRED TO]
SENIOR VICE-PRESIDENT VS. K.V. SHETTY [LAWS(KAR)-2017-3-122] [REFERRED TO]
MANAGEMENT OF BRAKES INDIA LTD. VS. PRESIDING OFFICER [LAWS(MAD)-2019-11-167] [REFERRED TO]
DIMPAL VS. RAJESH BALUNI AND ORS. [LAWS(UTN)-2015-10-20] [REFERRED TO]
UNION OF INDIA VS. RAM SUKHPAL SINGH [LAWS(MEGH)-2014-12-4] [REFERRED TO]
PROPRIETOR LATE RAMRATTAN RAI VS. STATE OF ODISHA [LAWS(ORI)-2023-5-22] [REFERRED TO]
STATE OF GUJARAT VS. DHIRUBHAI RAVATBHAI DHRANGA [LAWS(GJH)-2020-1-165] [REFERRED TO]
URMILA JALAN AND ORS. VS. TULSI DEVI RATHI AND ORS. [LAWS(CAL)-2017-6-137] [REFERRED TO]
P. MANIKYA RAO VS. A.P. STATE ROAD TRANSPORT CORPORATION AND ORS. [LAWS(APH)-2015-7-40] [REFERRED TO]
MANORAMA PRAKASH KHANDEKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-3-449] [REFERRED TO]
R SUDHAKAR VS. APSRTC, REP [LAWS(APH)-2014-10-126] [REFERRED TO]
HARISCHANDRA P. SUVARN VS. STATE OF GOA AND ORS. [LAWS(BOM)-2016-6-270] [REFERRED TO]
BEENA AMBALAL MAHIDA VS. THE PRESIDENT/SECRETARY [LAWS(GJH)-2016-8-45] [REFERRED TO]
THE SENIOR VICE-PRESIDENT M/S. HINDALCO INDUSTRIES LIMITED, BELGAUM WORKS, BELGAUM VS. K.V. SHETTY [LAWS(KAR)-2017-3-60] [REFERRED TO]
RAM CHANDRA RAM VS. EMPLOYER IN RELATION TO THE MANAGEMENT OF M/S CENTRAL COALFIELDS LIMITED [LAWS(JHAR)-2016-7-14] [REFERRED TO]
M/S. SAHARA INDIA VS. AJAY KUMAR PATHAK @ AJAY PATHAK [LAWS(JHAR)-2018-2-190] [REFERRED TO]
JOHILA AREA SOUTH EASTERN COALFIELDS LIMKITED VS. CHANDRAMANI TIWARI [LAWS(MPH)-2021-11-108] [REFERRED TO]
CHIEF GENERAL MANAGER, S.E.C.L. VS. CHANDRAMANI TIWARI [LAWS(MPH)-2021-11-117] [REFERRED TO]
EXECUTIVE DIRECTOR, ENVIRONMENTAL PLANNING AND COORDINATION ORGANISATION (MP) VS. PRESIDING OFFICER, LABOUR COURT [LAWS(MPH)-2023-2-150] [REFERRED TO]
NIRANJAN GOSWAMI VS. STATE OF BIHAR [LAWS(PAT)-2017-3-66] [REFERRED TO]
STATE OF M.P. VS. RADHIKA PRASAD [LAWS(MPH)-2015-4-93] [REFERRED TO]
GENERAL MANAGER VS. RAVI KUMAR JHA [LAWS(MPH)-2017-11-161] [REFERRED TO]
THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA VS. N/S - COSTAL ROADWAYS LTD. [LAWS(CAL)-2015-8-34] [REFERRED TO]
PROFESSOR MANORAMA PRAKASH KHANDEKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-3-486] [REFERRED TO]
HIMACHAL PRADESH UNIVERSITY VS. HEM RAJ SHARMA [LAWS(HPH)-2019-7-139] [REFERRED TO]
SURESHBHAI LAKHUBHAI PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2018-8-225] [REFERRED TO]
SUVARNA NETAJI PATIL VS. SMITA ASHOK PATIL [LAWS(BOM)-2024-5-9] [REFERRED TO]
HYDRO PROJECT WORKERS UNION VS. PUNJAB STATE ELECTRICITY BOARD [LAWS(HPH)-2015-12-41] [REFERRED TO]
FOOD CORPORATION OF INDIA WORKERS UNION VS. FOOD CORPORATION OF INDIA & ANR [LAWS(DLH)-2019-5-182] [REFERRED TO]
MAHATMA GANDHI CHARITABLE TRUST VS. B.B.MER [LAWS(GJH)-2019-3-141] [REFERRED TO]
KAMLESH J RATHOD VS. STATE OF GUJARAT & 2 OTHER(S) [LAWS(GJH)-2019-9-309] [REFERRED TO]
A.GOVINDAN VS. STATE BANK OF TRAVANCORE AND ORS. [LAWS(KER)-2016-7-36] [REFERRED TO]
M/S DAMODAR VALLEY CORPORATION VS. THEIR WORKMEN [LAWS(JHAR)-2018-3-139] [REFERRED TO]
EMPLOYERS IN RELATION TO MANAGEMENT OF KARO PROJEC VS. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL [LAWS(JHAR)-2017-8-107] [REFERRED TO]
MEMBER SECRETARY, CENTRAL SILK BOARD AND ORS. VS. V. DIVAKARAN AND ORS. [LAWS(JHAR)-2015-8-17] [REFERRED TO]
MUNICIPAL BOARD, BANDIKUI AND ORS. VS. ITWARI AND ORS. [LAWS(RAJ)-2015-7-189] [REFERRED TO]
RATTAN ENTERPRISES SWADHIN COLONY VS. STATE OF ODISHA REPRESENTED BY THE SECRETARY DEPARTMENT OF LABOUR & EMPLOYMENT ODISHA SECRETARIAT, BHUBANESWAR [LAWS(ORI)-2023-5-201] [REFERRED TO]
RINA MUKERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-8-51] [REFERRED TO]
SRI RAM VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2016-4-300] [REFERRED]
SANJAYBHAI MAGANBHAI PATEL VS. NATIONAL THERMAL POWER CORPORATION LTD. [LAWS(GJH)-2018-1-436] [REFERRED TO]
JASODABEN RAMANBHAI PARMAR VS. SWAMI TEWRAN CHARITABLE TRUST [LAWS(GJH)-2021-3-391] [REFERRED TO]
K.L. CHHABRA VS. PUNJAB NATIONAL BANK [LAWS(DLH)-2017-4-77] [REFERRED TO]
PREM PRAKASH GUPTA VS. STATE OF HP AND OTHERS [LAWS(HPH)-2016-11-193] [REFERRED TO]
THANGJAM IBOPISHAK SINGH, S/O (L) TH KANHAI SINGH OF WANGKHEI THANGJAM LEIKAI VS. STATE OF MANIPUR [LAWS(MANIP)-2017-8-5] [REFERRED TO]
CHESTERFIELD KHONGSHIT VS. STATE OF MEGHALAYA [LAWS(MEGH)-2014-12-8] [REFERRED TO]
PRESIDENT, KOZHIKODE JILLA PVT.HOSPITAL VS. NATIONAL HOSPITAL [LAWS(KER)-2023-4-67] [REFERRED TO]
MUSLIM RELIEF COMMITTEE CHARITABLE TRUST VS. T.H. ASLAM [LAWS(KER)-2024-7-41] [REFERRED TO]
LAL MOHAN SINGH, S/O INDRADEO SINGH VS. BHARAT COKING COAL LIMITED, JHARKHAND [LAWS(JHAR)-2019-1-138] [REFERRED TO]
AMAR NATH AND ANOTHER VS. STATE OF H P AND OTHERS [LAWS(HPH)-2016-12-138] [REFERRED TO]
YASINBHAI MOHAMMEDBHAI VORA VS. STATE OF GUJARAT [LAWS(GJH)-2018-8-301] [REFERRED TO]
CHIEF OFFICER NADIAD NAGARPALIKA VS. RAMESHBHAI JASHBHAI HARIJAN [LAWS(GJH)-2018-4-175] [REFERRED TO]
M.C.D. VS. MAHESH CHAND [LAWS(DLH)-2019-10-11] [REFERRED TO]
K. KARUNANIDHI VS. STATE OF KERALA [LAWS(KER)-2024-4-5] [REFERRED TO]
GUJARAT UNIVERSITY VS. BHUVANCHANDRA N. UPADHYAY [LAWS(GJH)-2016-7-169] [REFERRED TO]
GENERAL MANAGER VS. DASHRATHBHAI SOMJIBHAI BHIL [LAWS(GJH)-2016-8-85] [REFERRED]
STATE OF GUJARAT VS. SECRETARY [LAWS(GJH)-2018-5-58] [REFERRED TO]
CHANCHALBEN W/O BHAGWANDAS RANCHHODDAS VS. KESHAVBHAI KALYANBHAI THRO POA-BHIKHABHAI MAKANBHA [LAWS(GJH)-2018-4-35] [REFERRED TO]
U P STATE ROAD TRANSPORT CORPORATION VS. LAKHAN SINGH AND 2 OTHERS [LAWS(ALL)-2018-10-54] [REFERRED TO]
CHHATTISGARH RAJYA GRAMIN BANK VS. ASHA RAM SURYAVANSHI [LAWS(CHH)-2021-3-17] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)This appeal is filed by the appellant against the final judgment and order dated 19.04.2011, passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No. 4168 of 2002, whereby the High Court allowed the petition filed by the respondent under Articles 226 and 227 of the Constitution of India, praying for issuance of an appropriate writ or direction for quashing and setting aside the judgment and award dated 31.7.2001 passed by the Labour Court, Bhavnagar in Reference(LCB) No.225 of 1998.
(3.)Brief facts of the case are stated hereunder:
The appellant was the employee of theerstwhileBhavnagar Electricity Company Ltd. which was taken over by the respondent-board and the appellant was appointed afresh as per the agreement in 1978. The appellant gave an application in the year 1987 to change his birth date from 27.6.1937 to 27.6.1940 but he was orally informed of the rejection of his request. The Executive Engineer of the respondent-board addressed a letter to the appellant directing him to produce a school leaving certificate or Municipal Birth certificate as proof and stated that in the absence of production of the required documents, the date of birth recorded in the service book shall be final. The appellant's elder brother filed a criminal application no.227 of 1987 wherein it was prayed that the Registrar of Birth and Date Records, Bhavnagar be directed to enter the date of birth of the appellant as 27.6.1940 on its record and a birth certificate be issued. The Court of the JMFC vide order dated 22.05.1987 directed the Bhavnagar Municipal Corporation(BMC) to issue a birth certificate to the appellant. Pursuant to this order a birth certificate was issued by the BMC, the Xerox copy of which is marked as Ex.52, wherein his date of birth was shown as 27.6.1940. The appellant forwarded the birth certificate issued by the BMC to the respondent on 25.5.1987 and sent a reminder on 11.6.1987 to make corrections in the service record with regard to his date of birth. He was informed by the Executive Engineer of the respondent-board that he has to produce his original school leaving certificate or SSC pass certificate in order to effect corrections in the service records. The Electricity Board vide its circular dated 28.5.1989 informed all the employees that for the purpose of deciding date of birth and making corrections for the same, only School Leaving Certificate of SSC or HSC may be taken into account.
(2.)This appeal is filed by the appellant against the final judgment and order dated 19.04.2011, passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No. 4168 of 2002, whereby the High Court allowed the petition filed by the respondent under Articles 226 and 227 of the Constitution of India, praying for issuance of an appropriate writ or direction for quashing and setting aside the judgment and award dated 31.7.2001 passed by the Labour Court, Bhavnagar in Reference(LCB) No.225 of 1998.
(3.)Brief facts of the case are stated hereunder:
The appellant was the employee of theerstwhileBhavnagar Electricity Company Ltd. which was taken over by the respondent-board and the appellant was appointed afresh as per the agreement in 1978. The appellant gave an application in the year 1987 to change his birth date from 27.6.1937 to 27.6.1940 but he was orally informed of the rejection of his request. The Executive Engineer of the respondent-board addressed a letter to the appellant directing him to produce a school leaving certificate or Municipal Birth certificate as proof and stated that in the absence of production of the required documents, the date of birth recorded in the service book shall be final. The appellant's elder brother filed a criminal application no.227 of 1987 wherein it was prayed that the Registrar of Birth and Date Records, Bhavnagar be directed to enter the date of birth of the appellant as 27.6.1940 on its record and a birth certificate be issued. The Court of the JMFC vide order dated 22.05.1987 directed the Bhavnagar Municipal Corporation(BMC) to issue a birth certificate to the appellant. Pursuant to this order a birth certificate was issued by the BMC, the Xerox copy of which is marked as Ex.52, wherein his date of birth was shown as 27.6.1940. The appellant forwarded the birth certificate issued by the BMC to the respondent on 25.5.1987 and sent a reminder on 11.6.1987 to make corrections in the service record with regard to his date of birth. He was informed by the Executive Engineer of the respondent-board that he has to produce his original school leaving certificate or SSC pass certificate in order to effect corrections in the service records. The Electricity Board vide its circular dated 28.5.1989 informed all the employees that for the purpose of deciding date of birth and making corrections for the same, only School Leaving Certificate of SSC or HSC may be taken into account.
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