V.Balu v. the Managing Diecto
Case brief
What is this about?
The Madras High Court dismissed the second appeal of an employee seeking to correct his date of birth from 14.12.1940 to 7.3.1945 to extend retirement benefits beyond the statutory limit. The court held the claim barred by limitation under the Limitation Act and Service Standing Orders due to delayed application, and rejected evidence supporting the new birth date.
What did the court decide?
The second appeal was dismissed with no costs; employment status and retirement date remain unchanged.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 09.03.2015
Coram:
THE HONOURABLE Ms. JUSTICE K.B.K.VASUKI
S.A.No.1847 of 2000
V.Balu
.. Appellant
vs.
The Managing Director Tamil Nadu State Transport Corporation Villupuram. .. Respondent
Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 03.08.2000 made in A.S.No.16/1998 on the file of the Sub Court, Chidambaram confirming the judgment and decree dated 27.11.1998 made in O.S.No.196/1998 on the file of the District Munsif Court, Chidambaram.
For Appellant : Mr.Srinath Sridevan For Respondent : Mr.T.Arulraj
JUDGMENT
Issues for consideration
3 issues framed by the court
Whether the civil court has jurisdiction to grant a declaratory decree regarding the date of birth of an employee.
Whether the limitation period for correcting the date of birth under Service Standing Orders prevails over the Limitation Act.
Whether the lower courts were justified in refusing consequential mandatory relief regarding reinstatement and back wages.
Parties & counsel
- appellant
V.Balu
- respondent
The Managing Director Tamil Nadu State Transport Corporation Villupuram
Coram
K.B.K.Vasuki
Case details
As recorded by the court registry
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