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2013 DIGILAW 70 (ALL)

Nagar Nigam v. Presiding Officer

2013-01-07

SIBGHAT ULLAH KHAN

body2013
JUDGMENT : SIBGHAT ULLAH KHAN, J. 1. Heard learned counsel for both the parties. This writ petition has been filed by the employer and is directed against award dated 29.9.1997 given by Presiding Officer, Labour Court (IV), Uttar Pradesh, Kanpur in Adjudication Case No. 4 of 1997. 2. The matter which was referred to the Labour Court was as to whether date of birth of Respondent No. 3 who was an employee of the petitioner should be changed from 5.8.1937 to 5.2.1943 on the basis of primary school record and if so to what relief workman was entitled. Age of retirement of the employees like Respondent No. 3-Ram Asrey Dixit is 60 years hence he retired in August 1997. According to Respondent No. 3 he would have retired in February 2003. The only reason given by the Labour Court was that the petitioner had not given any reason for rejecting the representations which had been made by the workman for change of his date of birth. It is unfortunate that petitioner did not file written statement before the Labour Court. 3. However, the workman himself pleaded that in his service record available with the petitioner his date of birth was mentioned as 5.8.1937 hence the burden to prove that it was wrong lay upon the petitioner. The school leaving certificate is Annexure C.A.-1 to the counter affidavit. It is shown to have been issued on 10.12.1982. It mentions that petitioner joined the school on 11.11.1952 and left the school on 12.2.1957. The first representation which the petitioner made was in the year 1992 which is Annexure C.A.-2 dated 10.4.1992. Workman was appointed by the petitioner in the year 1968-69 and his date of birth was entered on the basis of medical examination of 1972 as mentioned in the application dated 10.4.1992 Annexure C.A.-2. Absolutely nothing has been said as to why school leaving certificate was not presented at the time of entry into service. It has not been explained as to why the certificate was obtained in the year 1982 but filed in the year 1992. Except High School Certificate, no other school certificate has got sanctity regarding date of birth. The experience of the Court is that from primary or Junior high schools such types of certificates of remote past may be obtained at any time. In the certificate, the name of the school is not printed. Except High School Certificate, no other school certificate has got sanctity regarding date of birth. The experience of the Court is that from primary or Junior high schools such types of certificates of remote past may be obtained at any time. In the certificate, the name of the school is not printed. It is hand written even though several other columns are printed. These schools are not supposed to maintain their registers for several decades. Supreme Court in the following authorities has held that such types of certificates cannot be relied upon and that representation for correction shall be made within reasonable time from entry in service. Moreover, it has also been held that Head Master shall be produced to prove the certificate unless the certificate was issued at the time when the student left the school. 1. State of U.P. and Another Vs. Shiv Narain Upadhyaya, AIR 2005 SC 4192 2. Ravinder Singh Gorkhi Vs. State of U.P., AIR 2006 SC 2157 3. Regional Provident Fund Commissioner Vs. Bhavani, AIR 2008 SC 2957 4. State of M.P. and Others Vs. Premlal Shrivas, AIR 2011 SC 3418 4. Accordingly, no reliance could be placed upon the certificate which was produced. Writ petition is therefore allowed, Impugned award is set aside.