Supreme Court Digest of Recent Cases
(2006) 7 SCC 722

Labour Law

Retirement

— Age of retirement — Date of birth — Alteration of — Assessment of age by Medical Board — Accepted by workman — Workman getting benefit of two more years of service as a result of such assessment — Workman given one year's extension of service after his superannuation — But workman seeking alteration of date of birth as recorded in his service records on the basis of school transfer certificate — Workman, having accepted the opinion of Medical Board and availed the benefits, held, estopped from challenging the same after his retirement — Also, when workman had accepted the opinion of the Medical Board there was no need for the management to examine before court the Medical Officer concerned or produce the report of the Board, (2006) 7 SCC 722-A

Constitution of India

— Arts. 226 and 227 — Interference with award of Labour Court — Award found to have been passed without regard to Supreme Court's decision on the point in issue, against facts and in favour of workman in misplaced sympathy, hence perverse — Held, High Court acted within its jurisdiction in reassessing and re-evaluating the evidence and setting aside the award, (2006) 7 SCC 722-B



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