Anjani Kumar, J. - (1.) The employer U.P. State Electricity Board aggrieved by an award of the Industrial Tribunal-IV. U.P., Agra (hereinafter referred to as the Tribunal') dated 8th October, 1997, which was published on 8th June, 1998, passed in adjudication case No. 22 of 1993, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Anncxure-'12' to the writ petition.
(2.) The following dispute was referred to the Labour Court for adjudication: ..(VERNACULAR MATTER OMMITED)..
(3.) After receipt of the notice from the Tribunal, both employer as well as the workman have put in their written statement and also adduced evidence whatever they want to adduce. The case as set up by the workman before the Tribunal is that he was recruited in the year 1959, when the present employer Board was not in existence and that he was employed by the Agra Electric Supply Company Ltd., Agra on the post of Kooli and instead the Date of Birth, only year 1936 was written in his service book. He further stated that as soon as he came to know the entry with regard to the year of birth, instead of the Date of Birth, he filed Exhibit W-5 before the then Resident Engineer of the Agra Electric Supply Company Ltd., stating therein that his Date of Birth is 12th December, |942. Along with the aforesaid document, he also filed a transfer certificate issued from the School concerned, on 13th September, 1958. The workman also filed an application on 10th December, 1973 along with the copy of transfer certificate, which are shown as Exhibits 3 and 2. He further stated that these documents were filed by him after verifying the same from the original documents. He again stated that the then Resident Engineer had assured him that the correct Date of Birth will be entered in his service book. But it appears that the same has not been done, therefore, the present employer have issued notice for superannutation of the workman. The employer have only stated that the Date of Birth had been entered in the service book of the employees on their own statement and after verifying from the workmen themselves and that is why the workman's year of birth was entered as 1936. The employer further stated that they have no knowledge with regard to the filing of application dated 10th December, 1973 as Exhibit 3 and the transfer certificate Exhibit 2 by the workman concerned. These documents have not been supplied by the Agra Electric Supply Company Ltd. along with service records of workman when the said undertaking was taken over by the present employer. They further submitted that the workman concerned has inspected his service book several times and also put in his signature, but he never raised any objection regarding year of birth and for the first time an objection was raised in the year 1991. According to the employer, it is settled view of law that the Date of Birth once entered in the service book will normally not be interfered with and particularly after a long gap of time. Thus, the objection filed by the workman concerned is neither justified, nor legal. It is further stated that if the Date of Birth should be allowed to correct, it will affect other employees also.;