KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED versus T.P. NATARAJA & ORS.

KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED versus T.P. NATARAJA & ORS.

The High Court's judgment allowing correction of date of birth was unsustainable because the employer had adopted the Karnataka State Servants (Determination of Age) Act, 1974 by resolution dated 17.05.1991 imposing the statutory time-limits of Section 5(2); the employee applied long after those periods (application in 2007, some 24 years after joining and 16 years after adoption), and ignorance of the adoption is not an excuse; even if evidence existed, the claim could be refused on grounds of delay and laches, particularly at the fag end of service; accordingly the High Court order was quashed as untenable in law (subject to non-affecting the respondent who had already benefited).

Parties
Appellant: Karnataka Rural Infrastructure Development Limited; Respondent: T.P. Nataraja
Jurisdiction
India
Judgment Date
21 September 2021
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the High Court of Karnataka Dated 11.03.2019 in Regular First Appeal No.1674 of 2013; Civil Appeal No.5720 of 2021 (and Civil Appeal No.5721 of 2021 Arising Out of SLP No.1062 of 2020)
Legal Topics
Change of Date of Birth, Determination of Age, Laches and Delay, Bar of Jurisdiction of Courts
Service Law Administrative Law Statutory Interpretation Change of Date of Birth Determination of Age Laches and Delay Bar of Jurisdiction of Courts

Case Brief

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Parties

Karnataka Rural Infrastructure Development Limited

Appellant

T.P. Nataraja

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the High Court of Karnataka Dated 11.03.2019 in Regular First Appeal No.1674 of 2013; Civil Appeal No.5720 of 2021 (and Civil Appeal No.5721 of 2021 Arising Out of SLP No.1062 of 2020)

Legal Issues

  1. 1 Whether the employee could seek alteration of date of birth after the employer adopted the Karnataka State Servants (Determination of Age) Act, 1974 and beyond the statutory time-limits in Section 5(2)
  2. 2 Whether ignorance of the adoption of the Act by the employer excuses non-compliance with the statutory time-limits
  3. 3 Whether a claim for correction of date of birth made at the fag end of service or after long delay can be refused on grounds of delay and laches

Ratio Decidendi

The High Court's judgment allowing correction of date of birth was unsustainable because the employer had adopted the Karnataka State Servants (Determination of Age) Act, 1974 by resolution dated 17.05.1991 imposing the statutory time-limits of Section 5(2); the employee applied long after those periods (application in 2007, some 24 years after joining and 16 years after adoption), and ignorance of the adoption is not an excuse; even if evidence existed, the claim could be refused on grounds of delay and laches, particularly at the fag end of service; accordingly the High Court order was quashed as untenable in law (subject to non-affecting the respondent who had already benefited).