- (1.)The petitioner/employer has called in question the legality and validity of the Award (Annexure P/1) dated 07.05.2011 passed by Presiding Officer, Labour Court, Jabalpur holding that respondent/employee's date of birth was 02.03.1952 and not 17.03.1950, as claimed by the petitioner.
(2.)The factual background in a nutshell is as follows : The respondent/employee engaged as a worker in the petitioner/company on 07.06.1972. In the service record, his date of birth was mentioned as 17.03.1950. The respondent was intimated on 08.02.2008 that he would superannuate on 17.03.2008 on completion of age of 58 years. The order of retirement was initially challenged by the respondent in Civil Suit No.30-A/2008, which was dismissed as not maintainable on the ground of jurisdiction. He thereafter raised an industrial dispute which was referred to the Labour Court and registered as Case No.8/2009/IDR Act. The employee's stand before the Labour Court was that, according to his mark sheet, his date of birth is 02.03.1952,but the officers of the petitioner/company have manipulated the official record and recorded his date of birth as 17.03.1950, and, without opportunity of hearing, retired him two years earlier.
(3.)The petitioner filed his reply to the statement of claim of the respondent/employee. It was specifically pleaded that the mark sheet on the basis of which the date of birth is claimed as 02.03.1952, was never produced by the employee before the petitioner/Company nor he has ever raised any dispute with regard to correction of his date of birth in the service record. It was further stated that respondent is a member of EPF scheme, and in the declaration and nomination form which bears the signatures of the employee his date of birth has been mentioned as 17.03.1950. It was further stated that the progress/appraisal report given to the employee also bears his date of birth as 17.03.1950, but till date no objection in this regard for correction of the entry in the date of birth has been made by the employee.