Case Note & Summary
The case involved a dispute over the correct date of birth of an employee, the 1st Respondent, who had joined M/s. Brooke Bond Lipton India Limited in 1952. Initially, he stated his date of birth as 12th June 1927, which was consistently recorded in various company documents. However, upon receiving a retirement notice in 1986, he claimed his date of birth was actually 29th August 1930, asserting that this had been communicated to the company in 1953. The company maintained that there was no record of such communication. The 1st Respondent filed a suit seeking to correct his date of birth, which was initially dismissed by the trial court. After his retirement in April 1987, he raised an industrial dispute, which was initially ruled in his favor by the Industrial Tribunal. However, the High Court later ruled against him, stating that he could not raise the issue so late in his career. The Division Bench of the High Court allowed his appeal, prompting the current appeal to the Supreme Court. The Supreme Court found that the 1st Respondent's claim lacked credibility, given the consistent records and the absence of evidence supporting his assertion of having informed the company in 1953. The court emphasized that an employee cannot raise such disputes at the end of their career, leading to the restoration of the Single Judge's order and the dismissal of the 1st Respondent's claim.
Headnote
A) Employment Law - Date of Birth Dispute - Raising Dispute at End of Career - Not applicable - The court held that an employee cannot raise a dispute regarding his date of birth at the fag end of his career, especially when the records consistently showed a different date. The court found the employee's claim of having informed the company in 1953 to be unbelievable due to lack of evidence and the absence of any follow-up actions (Paras 1-3).
Issue of Consideration
Whether the employee could raise a dispute regarding his date of birth at the end of his career.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order dated 24th June 1998, and restored the order of the learned Single Judge dated 13th June 1996, with no order as to costs.
Law Points
- Dispute regarding date of birth
- employee retirement age
- industrial dispute resolution
- interim injunction
- service records
