WP/2323/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2323 OF 2010 Mohammed Hanif Kagam Shikh ... Petitioner V/s. Municipal Corporation of Greater Mumbai ... Respondent Mr.Harshad Palwe for Petitioner Mr.M.M. Malvankar for Respondent Nos.1, 2 & 3 CORAM: SMT.NISHITA MHATRE, J. DATED: SEPTEMBER 20, 2010 P.C.: 1. The Petitioner has approached this Court against the order of the Industrial Court in a complaint filed by him. The Petitioner had filed the complaint under Item 9 of Schedule IV of the MRTU & PULP Act contending that his date of birth had not been changed by the respondent corporation from 28.6.1950 to 14.7.1957 and, therefore, he had been retired before he attained the age of 58 years. The Industrial Court has found on the basis of the evidence led before it that the Petitioner had approached the Court belatedly for correction of birth date. It has held that if the date of birth of the Petitioner was to be accepted as 15.6.1957 on the basis of the school Leaving Certificate and birth and death register, it would mean that he had been appointed when he was less than 18 years of age. Admittedly, the petitioner was employed with the Corporation from 1974. In these circumstances, the Industrial Court has dismissed the complaint. WP/2323/2010 : 2 : 2. In my view, there is no error committed by the Court. It has considered the evidence in its proper perspective. The Petitioner cannot take advantage of having been recruited in 1974 on the basis of the date of birth being 1950 and at the time of retirement contend that his year of birth was 1957 as that would mean that he had been recruited prior to completion of 18 years. 3. Petition rejected.