58 00 In theHighCoun ofPlmjab andHaryana at RSAN014260f1988 eeeee Dateofdecisionl3 2011 HarbansSinghaliasVir Singh Appellant Ve 1 Mls UniversalScrewFactory Pvt Ltd C2 0 0 CORAM HONBLE MR JUSTICE MOHER PAL I 0 eeeee I 1e Whetherreportersof localpapersmay beallowedto see the Z judent2 2 To bered to thereponers or not2 3 shouldbe in thedigest2 lr C3 Z Present MreHeS BajwaAdvocatefor Mr AS Kalra Advocatefor the appella 00 None for the vm Z Mohinder Pa4Je ll This is plaintifPs appealagainst the anddecreedated 1821988passedbyAdditionalDistrictJudgeAmitsar whereby appeal of the WaS allowed and suit of the 6HbansSinghaliasVir SinghIdecreedbythehial Court was dismissed Harbans Singh alias Vir Singhwas as a youngworkerwith Mls UniversalScrewFactory PrivateLtd Rawat Seema 2013.10.23 13: 59 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 59 RSA No1426 of 1988 121 his age obtainedfrom Civil tsar to the The however did not appoint him in accordancewith theIndustrial OrderslAc 1946 ereinaRerrefened to as the Act of 19461He was recruitedas a young personand workedas child workerup theagehe auained undertheFactoriesAct 1948 On 1281985 he receiveda noticefromthe hehadaminedthe 1 ageof ie 58ymrs andwouldbe retiredfrom servicewe 0 141985 The the notice dated 1281985 0 I beingwrong baselessillegalvoid and against the spiritof social and C5 naturaljusticeandalsoagainst the Orr madeunderSection7 of theAct of 1946andunfairlabourpmctice byftlinga suit for declaraon in Z the trial Court It was submittedthathis dateofbirth is 651936 He was bornat VillageDode Police StationJhabhal Tehsil Tam Taran After his I birth whenhis mother ed to her in4aws houseaRerfonydaysfrom Z her home thename of plaimifY was baptized as Vir Singhas per OO theholyrecitalofGwu Grth Sahibs Vak His agewas assessedbythe 7 Civil Amtsar at the time of entering into servicewith the Z as per entrymadein theregister of theRegistrar of 0a Births andDeaths Afler notice the suit was contestedby the defendanton technical including the thatthejwisdiction ofthe Civil Court was barredand on merits that no person by the name of Harbans Singhwas ever byit The plaintiffservedwith it as Vir Singh and was never known as HarbansSinghin his entire servicewith the Even underthe InsuranceSchemethe Rawat Seema 2013.10.23 13: 59 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 60 1 RSA No1426 0f1988 131 ProvidentFund Schemein thevoterslist or in therationcardhis name 1S enteredas Vir SinghHis name was never shownas HarbansSinghIt was submittedthat Vir Singh6laintit W8S as GeneralHelperlll 1949at theageof23 yearse Neitherhe submittedany at that time nor he any certificatefrom the Civil Amitsar his age or hi name as HarbansSingh It was deniedthat the 10 as a young workerwiththedefendaMor thathe was 0 born in VillageDode on 61936 as allegedby him The defendant 0 I contendedthattheallegedrecordof theAdditionalRegistrar of Birthsand 0 Deathsprocuredbytheplaintiffis falseandfabricatedand that he was rightlyservedwith thenotice The hial Court decreedthe suitmerely Z on the groundthat the defendmthas not beenproperly the C record The date of of the plaintiffhas been shown as 18101948as per leavebooksExPX12 to ExPX15 It was heldthatit is not C1 Z from a private limitedcompanyto keepthistypeof recordin its et ofllce which was not properly maintainedHowever in appealthedecision QO ofthe trial Courthasbeenreversedandplaintifppellant hereinlhascome 3 Z upbeforethisCourtthrough regular second appeal ll I haveheardleamed counselfor the however no one hasappeared on behalf of the I have also gone through the recordofthe Courtsbelowwith theassistanceofcounsel Leamed counsel for the appellanthas contendedthat the Cowt has wronglyreversed the Ondings of the trial Court ln respectof issueNos 1 and2 holding th suit was not maintainableand the Civil Court hadnojurisdiction to upon themauere He contended Rawat Seema 2013.10.23 13: 59 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 61 RSAN0426of1988 4j that the Court failed to the fwt that the order of retent passedbythe his dateof as 1481985 is baselessand even the Coun hasheld so It has wrongly the r the remedyof Industrial Act 1947 lereinafterefenedto as theAct of 19471 On the of mainnabilityof the suit in the present 1 form and the hasrelied on Section2mAof theAct 0 of 1947 As per the provlSlOIlof Section 2eA of the Act necessary 0 procedwe is laid downunderSections6 7 8 and10ofthe Act for redressal I C5 ofthe ofthe industrialworkerin relationto indusnialdisputeIt I hasnot been thatthe is an industry withinthe Z ofSection 2 01ofthe Act The hasnot come to thecivil Court 2 r an ordinary swtor He hasinvokedthe of the Act of 1946and I his whole suit 1S basedon theviolationofthe of thesaidAct t Z The hashimselfadmitted in para8 ofhis plaintthathe was alsoan ofllce bearerof the Trade Union known as Mazdoor Ekta m UniorRegdl Amitsar Hence his suitis not maintainablein thepresent av Z form as the civil Court has no It has been deniedby the that any person by the name of HarbansSinghwas ever by it as the hasjoinedas Vir Singhand he did not representdwinghis entireservice with the that his name was HarbansSinghIt is onlyat thetimeof his retirementhathe thathe is alsoknownas Haans Singhwho was born in VillageDode on 651936 andhe was laternamedas Vir Singh as per theholyrecitalofGwu GnmthSahibs Vak in the Gwudwarawhen he was brought to his native villageHe hasexd Hubans Smgh as PW4 GajjanSinghas PW5 Rawat Seema 2013.10.23 13: 59 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 62 CV4 1 RSA No1426 of 1988 151 andhimselfas PW6 It was stMedthathis sistersname was HarbansKaur andas per customs his name was alsobaptized as HarbansSinghNeither his sister Haans Kaur nor any personhas been examinedwho could depose thatthe names ofthe brodwrandthesisterwere same in accordance with custom in the localityorm the to which the MohinderSingh Ve3Ihasdeposed that he himself r Was aged64 years and he workedin the for about34 0 years smce 1948andwhen the was on 18101949 he 0 I wasalready in serviceofthe and to him theageofthe 0 was 16or 17or 18 yearsat thattime Hence it cannot besaidthat I the waS as a young worker and he must have been Z belowtheageof 15yearsat thetime the with the 2 r It was not tlmtthe did not raisethe I of dateof birthtill the issuance of noticefor retirementOll 1281985 from Z thedateofhis joiningthe service on 18101949 and he never co thathe is alsoknownas HarbansSinghThereforehecannot beallowedto 7 adoptthe name of Hwbans Singhat the time of his superation and Z mention his dateof binh as 61936 However the having failed to show thM on whatbasisthe retirementdateof the appellant was calculatedas 1481985 no interferenceis required in the6ndings recorded bytheappellate CourtthatthenoticedMed 1281985 is illegaland andthereby the to availhis remedyunderthe Industrial Act For the reasons I do not find any fault in the underappeal Rawat Seema 2013.10.23 13: 59 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document 63 l 62 RSAN01426of1988 161 the presentappeal1S herebydismissed The 8ndings ofthe Courtare aed andupheld November2011 Judge hsp 1 0 0 I 45 I Z 0 Z 00 7 Z Rawat Seema 2013.10.23 13: 59 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:59 I attest to the accuracy and integrity of this document