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february 2009

Supreme Court of India · 2009-02-03

Himachal Road Transp. Corpn. & Anr vs Hukam Chand

Citation / case number
AIRONLINE 2009 SC 104
Court
Supreme Court of India
Petitioner
Himachal Road Transp. Corpn. & Anr
Respondent
Hukam Chand
Bench
Markandey Katju, R V Raveendran

Judgment text excerpt

The Supreme Court held that the alteration of the respondent's date of birth from 11.1.1948 to 2.5.1945 was valid as it was based on the respondent's own voluntary declaration made in his pension claim papers dated 3.3.2003. The Court emphasized that compliance with principles of natural justice is necessary only when an employee denies misconduct or does not consent to changes in employment terms. The conviction under the criminal case was not the sole reason for the change, and the respondent's appeal against the conviction did not negate his prior admission of the altered date of birth. The appeal was dismissed, upholding the Tribunal's decision to continue the respondent's service until 31.1.2006 and grant him salary benefits for the intervening period.

Himachal Road Transp. Corpn. & Anr vs Hukam Chand · Niyam