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People Who Slept Over Their Rights Not Eligible For Relief.
In another interesting judgment of the Supreme Court by Hon’ble Justice Arun Mishra and Justice Navin Sinha, the Court held that people who have slept over their rights, no relief will be provided to them. This came in response to the order of the Labour Court and the High Court who had allowed an employee to change his date of birth in service records.
Laxman, the man in question was employed with Kirloskar Brothers Ltd and in the record book, his date of birth was recorded as 1/1/1956. In 2003, Laxman claimed that he had sent a representation to the employer for the correction of his birth records from 1/1/1956 to 1/12/1956. However, this was denied by the employer.
In January 2014, Laxman submitted a representation, which stated that as per his birth records he should have retired on 31/12/2014, The employer refused to make any changes, in furtherance of which Laxman approached the Labour Court and his petition was allowed, later it being upheld by the High Court.
However, setting aside both the judgement of the Labour Court as well as the High Court, the Apex Court said that, the employee was aware that the change in his birth records had not been made previously, hence bringing it up till the day of his retirement is a case of sleeping over his rights.Also after presuing the records it is seen that, the respondent, i.e. Laxman had himself declared his birth date as 1/1/1956 and there exists no record in the service book saying that he had declared his date of birth as 1/12/1956.
This judgment is a classic case which says that everything, even the smallest of details cannot be neglected or else later, it will harm oneself in some way or the other.
