Anjani Kumar, J. - (1.) By means of the present writ petition under Article 226 of the Constitution of India, petitioner-employer has challenged the order passed by the Deputy Labour Commissioner, Moradabad, dated 3.2.1995. Annexure-5 to the writ petition, who under the purported exercise of powers under Clause (LL) of the standing orders have directed the employer to correct the date of birth of the workman, which was recorded in the service record.
(2.) The facts leading to the filing of present writ petition are that the respondent-workman Chandru Singh, son of Ghaseeta was employed with the petitioner-employer. According to his own case, his date of birth as entered in Provident Fund record and other service record was 1933. The date is not very relevant, therefore, is not being discussed. The employer served a notice dated 30.8,1993 informing the aforesaid respondent-workman that according to the Provident Fund record, he would be completing 60 years of age on 31.10.1993. therefore, he would be retired w.e.f. 1.11.1993. It is this notice which has given rise to the present dispute. The said workman has filed an application before the Deputy Labour Commissioner, Moradabad, purported to be an application under Clause (LL) of the standing orders applicable to swear industry of the State of U. P. Clause (LL) of the standing orders, which is relevant, is reproduced below : "LL. Retirement of workmen on reaching the age of superannuation : (1) A workman may be retired from service on reaching the age of superannuation, which shall be 60 years. (2) The Provident Fund record of the factory specifying the workman's age should, to being with, be taken as the reliable record of the age of a workman for purposes of retirement."
(3.) A perusal of Clause (LL) would demonstrate that the workman shall be retired from service on reaching the age of superannuation, which is 60 years. It further provides that the Provident Fund record of the factory specifying the workmen's age should, to being with, be taken as the reliable record of the age of a workman for the purposes of retirement. Clause 3 of the aforesaid Clause (LL) of standing orders provides that this record of the age stands modified warranted by the following : "(a) Date of birth as given in the High School certificate. If the school leaving certificate is below High School then such certificate must be authenticated by the District Inspector of Schools or District Education Officer, as the case may be. (b) Date of birth as certified by a Municipal Corporation. Municipal Board, a Cantonment Board, a Notified Area or a Town Area Committee. (c) An Insurance policy taken before November 1, 1960. provided that : (i) Whether the date, month and the year of birth of a workman are recorded in Provident Fund records shall be taken as final ; (ii) Where only the month and year of birth are given, the date shall be taken as the 1st of that month ; and (iii) Where the Provident Fund record of the workman does not specify the date or month of birth, in that case the 1st November of the year shall be deemed to be the date for retirement ; (iv) The foregoing provisions regarding modification of age shall lapse on expiry of one year from the date of enforcement of these standing orders.";