DATE OF BIRTH - INDUSTRIAL DISPUTES ACT, 1947

Image result for DATE OF BIRTH
 - INDUSTRIAL DISPUTES  ACT, 1947 - SECTION 10(1) - 

(The authentic record of correct birth date of any individual is either the birth certificate issued by the local authority or the school or college leaving certificate, in which there is cor

The dispute in this case revolves around the date of birth of the workman on account of discrepancy in the date of birth when he has been superannuated by the management. 

The dispute was raised by the workman and the same was referred by the appropriate government to the Industrial Tribunal for adjudication. The date of birth of the workman was recorded in form B register as 17. 05. 1937 but in the identity card issued by the management, the date of birth was mentioned as 17.05.1938. In order to avoid discrepancy, the workman had made a representation on 15.03.1994 to the management when the management superannuated him with retrospective effect from 28.02.1994. According to the workman he was illegally superannuated as he was entitled to continue in service till 16.05.1998. The case of the workman was opposed by the management by contending that the workman was superannuated on attaining the age of superannuation as per the provision of the service conditions of the employees. 

It was further stated that on 10.7.1959, medical examination of the workman was done for the first time wherein his age was assessed by the medical officer as 23 years. Thereafter, his service was once terminated for some misconduct with effect from 28.12.1962 but again he was engaged with effect from 01.02.1963 and again he was referred for medical examination wherein his age was assessed as 27 years. It was contended that on the basis of that report, the workman was superannuated on 28.02.1994.The Tribunal after going through the evidence, fixed 05.02.1936 as the birth date of the workman and on that basis the superannuation of the workman was upheld. Being aggrieved by the said award, the concerned workman through the Union carried the matter to the High Court by filing the present petition. 

The High Court observed that there is no dispute about the fact that the date of birth recorded in form B is authentic document if the entry therein is made on the basis of some document like school transfer certificate or matriculation certificate. It was pointed out that the workman did not produce any such document at the time of joining the service. The High Court further observed that it is the workman who has created confusion by making representation to make necessary correction of the date of his birth and on the basis of his representation he was directed to go for medical examination. As per the medical examination the date of birth of the workman was found to be 10.07.1936 and on the second time it was found as 05.02.1936. 

The management has superannuated the concemed workman by taking 10.07.1936 as his birth date. The High Court held that since the management relied upon the official document i.e. report given by the medical officer, it must be held that the date of birth of the workman has been rightly assessed by the Tribunal. Consequently, the writ petition was dismissed.

-General Secretary (JRD), Bolanni Shramik, Barbil v. Presiding Officer, Industrial Tribunal, Rourkela, Ori. (H. C. 2017) 

THE INDUSTRIAL DISPUTES ACT, 1947

No comments:

Post a Comment