Ravt S. Dhavan, J. - (1.) -
(2.) THE Kanpur Electric Supply Administration, Kanpur finds the award of the Labour Court, Kanpur in Adjudication Case No. 107 of 1982 in the matter of workman Samuel Maurice vague and incapable of implementation. THE issue before the Labour Court was the date of birth of the workman. While the workman contended that the date of birth was 2-12-1925 the employers insisted that it was 2-1-1923. Before retirement, the Workman had given a representation to the petitioner that his date of birth on the service record be taken as 2nd January 1925 and to fortify this assertion he gave a certificate of baptism. The Labour Court, so far as the service book was concerned, set it on record that there was over writing and returned a finding that it was inconceivable that the date of birth of the workman concerned could be 2nd January 1923. In effect, it upheld the contention of the workman concerned that the date of birth was 2nd December 1925. The petitioner attempts to find fault with the award to the effect that the employee who has otherwise retired has been ordered to be reinstated, and the award of the Labour Court is incapable of being implemented. In so far as the error of implementation is concerned by which the relief of reinstatement cannot be granted as of date, this error can be corrected by a writ of certiorari by this Court. The date of birth of the employee having been considered as 2-12-1925 by the Labour Court, it is implied it was not 2-1-1923 as contended by the petitioner. It further implied that he has been illegally retired as from 31-1-1981, the date mentioned in the order of reference.
(3.) THE workman concerned had given a representation on 26 November 1980 to the employer for correction of his date of birth and submitted proof, being a certificate of baptism. No action was taken on this representation. THE service book of the workman concerned was found to be suspect by the Labour Court. With these facts on record it is difficult to interfere with the decision of the Labour Court, in effect holding, that the age as recorded in the service book cannot be accepted. THE workman would be deemed to have retired as if his date of birth is 2-12-1925. If today the workman stands retired then this cannot be any reason that he is not entitled to any benefits under the award. THE workman would be entitled to all benefits under the award, and if he is retired during the course of the adjudication proceedings, then a relief for reinstatement cannot be granted. He is entitled to his emoluments which he was wrongly and irregularly denied. THE wages of the workman alongwith all consequential beneftis and allowances will be paid to him upto the date of his retirement which will be reckoned as if his date of birth was 2 December 1925. THEse service benefits will be made available to the workman concerned within a period of two moths from today. As the moneys have remained with the petitioner as employer, the workman has been denied his emoluments and allowances to which he is entitled, and will be paid with 12% interest from the date of the award. The award having been clarified as above the writ petition is, thus, dismissed. Petition dismissed.;