Law:

Section:

Industrial dispute--- ----Age---Employee was retired from service on attaining age of sixty years according to date of birth as was entered in the record at the time of his employment---Date of birth of employee as entered in record was relied upon for Provident Fund of employee and was relied upon throughout up to his retirement---Employee who had not disputed his age according to date of birth entered in his service record, could not be allowed to have altered such date of birth on basis of National Identity Card where his date of birth was written differently. DECISION The appellant was appointed as helper by M/s. Park Davis & Company on 2-9-1963. The appellant gave his age as 25 years and six months. His date of birth was entered in the record as the year 1933. He was, accordingly, retired on attaining the age of superannuation i.e. 60 years with effect from 31-12-1993. This date of birth was also relies upon for his Provident Fund, his Dues and it was also entered in his personal Data, EOBI Contribution Card, Birth Certificate etc. He was informed by a letter about his retirement on 30-12-1993. He signed on 20-1-1994 the Final Settlement Receipt in which it was also written that he had no further claim against the Company. According to Settlement dated 11-6-1975 the age of retirement was fixed at 58 years and it was also agreed that the age in the personal Files of the workers would be considered as the basis for determining the age of retirement. In the next Settlement, dated 4-4-1979, the age of retirement was extended to 60 years. When the worker was informed about his retirement he claimed that his date of birth was 2-3-1938 according to his National Identity Card and the- Birth Certificate. 2. The learned lower Court did not place reliance on the age entered in the National Identity Card as that would be the age provided by the worker himself and the age in the Birth Certificate, which was considered not to…

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