- (1.) Heard Sri P. K. Sinha, learned counsel for the petitioner, Sri Sulabh Kumar Srivastava, learned counsel appearing for the respondent Nos. 1/1 to 1/6 representing as legal heirs of the deceased No. 1 and perused the record.
(2.) By means of the present writ petition under Article 226 of the Constitution, the petitioner has challenged the order dated 24th July, 1998, whereby the Deputy Labour Commissioner, Faizabad Region, Faizabad has allowed the claim of the respondent No. 1 for the change of date of birth of the respondent in the records of the employer as 30th January, 1942 instead of 1st November, 1933 which was originally recorded.
(3.) Briefly stated facts of the case are that the respondent No. 1 was Machine Man in the erstwhile M/s R. B. Laxman Das Sugar and General Mills, Pvt. Limited, Narwal Road, Bahraich and had got recorded the date of birth as April, 1933 in the service record. It appears thereafter when the mill was taken over by the petitioner and the petitioner relied upon those very service record and so the date of birth of the respondent was continued recorded as 1st November, 1933. Standing orders governing the service conditions of the employees of the petitioner came to be enforced w. e. f. 27th September, 1988 and as per the order No. - L. L. that govern the field of the retirement of the employees on attaining the age of superannuation, provides vide Clause 6, for the change of date of birth recorded in the service records of an employee. Clause 6 of the order No. - L. L. is reproduced for ready reference:- "6. The workman who are in employment at the time of enforcement of these standing orders shall have the right to get their age record modified as per clause 3 above with one year of enforcement of these standing orders. He shall have the right to represent to the Regional Additional/ Deputy Labour Commissioner of the area concerned within one month of notice of retirement. Such representations shall normally be disposed off within a period of one month of the date of receipt of representation from the workmen, and the orders passed by the Additional/ Deputy Labour Commissioner regarding the age of the concerned workman shall be final and shall not be questioned by any party before any court. In case the Regional Additional/ Deputy Labour Commissioner allows the representation, the employer shall modify the record of age of the workman immediately on receipt of the said orders. " (emphasis added);