NDLI: The General Manager, M/s Barsua Iron Ore Mines Vs. The Vice President United Mines Mazdoor Union and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Superannuation – Discrepancy in date of birth – The CGIT passed its Award and held that the appellant’s determination of the respondent no.3’s date of birth based on the initial Descriptive Roll (27.12.1948) was unjustified and thus, awarded him 50% back wages from his retirement in 2008 until his supposed date of superannuation in 2015, based on the date of birth disclosed in the STC i.e., 12.03.1955 – Propriety: Held: The disclosure of the originally-given date of birth (27.12.1948) by the respondent no.3 was a well-thought out plan hatched by him, at the relevant time – His conduct cannot be simply brushed aside on a plea that there was an error on the part of the appellant in recording his date of birth – Examined thus, the following is evincible: (a) the Competent Authority noticed discrepancy in the date of birth in the records of the appellant and, upon due scrutiny, opined that the declaration of date of birth made by the respondent no.3 at the first point of time, i.e., 27.12.1948, should be taken as his date of birth, as till 1998 no documentary proof was given, and; (b) the respondent no.3 would not have been able to legally come into employment on 27.12.1972, had he disclosed his date of birth as 12.03.1955 – No fault can be found with the appellant on this score – It is a just and reasonable conclusion by the appellant’s Competent Authority – The principles of estoppel would come into play in the present case – The respondent no.3, having stated on 27.12.1972, that his date of birth was 27.12.1948, cannot be permitted to raise the claim of his date of birth being 12.03.1955, that too on 14.08.1982, i.e., almost after a decade (counting from 27.12.1972 to 14.08.1982) – Even the STC was submitted after the appellant requested the respondent no.3 for documentary proof on 24.11.1998 – The respondent no.3 is held to have been rightly retired in terms of his date of birth reckoned as 27.12.1948 – The further direction to award 50% back wages to the respondent no.3 from the date he was retired till the (notional) superannuation on 31.03.2015, also stands set aside. [Paras 17 and 19]
Judge	Hon'ble Mr. Justice Ahsanuddin Amanullah
Neutral Citation	2024 INSC 264
Petitioner	The General Manager, M/s Barsua Iron Ore Mines
Respondent	The Vice President United Mines Mazdoor Union And Ors.
SCR	[2024] 4 S.C.R. 63
Judgement Date	2024-04-02
Case Number	4686

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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