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february 2009

Supreme Court of India · 2009-02-03

HIMACHAL ROAD TRANSP. CORPN. vs HUKAM CHAND

Citation / case number
SC 2007/18865
Court
Supreme Court of India
Petitioner
HIMACHAL ROAD TRANSP. CORPN.
Respondent
HUKAM CHAND
Author
R.V. RAVEENDRAN,MARKANDEY KATJU, , ,
Bench
R.V. RAVEENDRAN,MARKANDEY KATJU, , ,

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 not justified as it was based solely on a prior conviction without an independent enquiry. The Court emphasized that compliance with principles of natural justice is essential when altering employment terms to an employee's disadvantage. The Court upheld the Tribunal's decision to reinstate the respondent and grant him salary and benefits for the period from 31.5.2003 to 31.1.2006, confirming that the conviction alone did not warrant the change in service records.

HIMACHAL ROAD TRANSP. CORPN. vs HUKAM CHAND · Niyam