- (1.) Seeking quashing of award dated 13.11.2007 in Reference Case No. 03 of 2004 whereby the Labour Court has held that, the date of birth of respondentworkman is 07.04.1949 instead of 01.07.1947 and the respondentworkman is entitled to wages with all benefits from 01.07.2005 to 30.07.2007, the petitionerIFICO Refrectories Plant has approached this Court by filing the present writ petition.
(2.) The brief facts stated in the writ petition are that, the respondentworkman was appointed on 13.03.1968 and his age was recorded in E.P.F. Form2 on 26.03.1969 as 22 years and accordingly, his date of birth was recorded in the office record as 01.07.1947. Subsequently, in the medical card, the respondentworkman got his date of birth mentioned as 1949. After a lapse of about 26 years, the respondentworkman raised dispute on 18.04.2002 for correction of his date of birth. The matter was referred vide order dated 17.03.2004 for adjudication of dispute before the Labour Court, Hazaribagh, which was registered as Reference Case No. 03 of 2004. The Management examined 5 witnesses and the Union examined 7 witnesses in support of the case of the respondentworkman. The respondentworkman examined himself as witness no. 5 and he admitted that he submitted his school living certificate in the year, 1993.
(3.) Heard the learned counsel for the parties.;