One employee date of birth registered 4 years less in my organization. Now his retirement in Feb 2014 as for records. As per his school TC 4 years is left, company need not continue - now what to do? Any case law is there?
From India, Hyderabad
1From India, Hyderabad
Dear Friend,
What is the basic record the company relied up on. In General it should be SSC marks list, DOB certificate from School / Revenue officials / Gazetted officer / Medical officer etc.
As far as the TC which is from school or college is also an authentic document hence you need to accept failing which the employee may approach legally.
Regards - kamesh
From India, Hyderabad
What is the basic record the company relied up on. In General it should be SSC marks list, DOB certificate from School / Revenue officials / Gazetted officer / Medical officer etc.
As far as the TC which is from school or college is also an authentic document hence you need to accept failing which the employee may approach legally.
Regards - kamesh
From India, Hyderabad
Date of Birth in the transfer certificate is the valid proof for age. You cannot send him on retirement now.
From India, Madras
From India, Madras
Hello Vasukumars,
You mention that the office records the age of the employee as X years
May I ask the basis of recording the date in your database?
You mention his school LC/TC bears a date which is 4 years younger than the age recorded by your officials...
How come such huge mistake? DO you mean to say that the records or age proof was not submitted at the time of joining?
Is this a real case or a case study/ case-let?
Pls elaborate...
Ideally most firms ask for age proof, residential proof and a photo id from an employee when he/she joins in a company.... Was this process not followed in your company? If the amendment was introduced later, did you not cover you existing employees in it and asked them to submit the documents as a part of verification process???
From India, Mumbai
You mention that the office records the age of the employee as X years
May I ask the basis of recording the date in your database?
You mention his school LC/TC bears a date which is 4 years younger than the age recorded by your officials...
How come such huge mistake? DO you mean to say that the records or age proof was not submitted at the time of joining?
Is this a real case or a case study/ case-let?
Pls elaborate...
Ideally most firms ask for age proof, residential proof and a photo id from an employee when he/she joins in a company.... Was this process not followed in your company? If the amendment was introduced later, did you not cover you existing employees in it and asked them to submit the documents as a part of verification process???
From India, Mumbai
In case of dispute in Date of Birth of an employee we can verify the same in his P.F. records i.e FORM 5 and also Data given to Gratuity records. We can also verify the employment Form which was filled by the employee at the time of his joining. I don,t know whether you are displaying his D.O.B and D.O.J in his pay slips. Whether employee has raised any dispute regarding his date of birth during the tenure of his service. There are so many judgments on Date of Birth disputes which depends merits and demerits of case to case.
L.VENKATESH
From India, Hyderabad
L.VENKATESH
From India, Hyderabad
Hi all,
The following may kindly be noted.
If it was a recording mistake of the HR ( or personnel department) that, despite the employee having submitted a proper TC, they had recorded it wrongly, then employee definitely gets a chance for extension.
If the employee had given other records showing some other date of birth while joining the service and now he is claiming a different date as per TC, then there is no chance for extension.
In case of many public sector companies the high courts/ Supreme court have held that dispute regarding the date of birth, at the fag end of service period is not accepted. Citations for these could be obtained from the e- version of labor law journals or any local lawyer can help.
However it is also the responsibility of the employee to ensure proper recording of his date of birth in the organization, which is possible through verifying various service records. If the organization has no system of any such records, then at least when the employees obtain service/ working certificate for applying to loans etc, the date of birth/ remaining year of service mentioned can be verified clearly.
Also many organizations have a system of indicting the date of birth and age of retirement in the appointment letter itself at the beginning.
If according to Vasukumar, nothing of the above has happened, then there is no way the employee can ask for the extension now.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
The following may kindly be noted.
If it was a recording mistake of the HR ( or personnel department) that, despite the employee having submitted a proper TC, they had recorded it wrongly, then employee definitely gets a chance for extension.
If the employee had given other records showing some other date of birth while joining the service and now he is claiming a different date as per TC, then there is no chance for extension.
In case of many public sector companies the high courts/ Supreme court have held that dispute regarding the date of birth, at the fag end of service period is not accepted. Citations for these could be obtained from the e- version of labor law journals or any local lawyer can help.
However it is also the responsibility of the employee to ensure proper recording of his date of birth in the organization, which is possible through verifying various service records. If the organization has no system of any such records, then at least when the employees obtain service/ working certificate for applying to loans etc, the date of birth/ remaining year of service mentioned can be verified clearly.
Also many organizations have a system of indicting the date of birth and age of retirement in the appointment letter itself at the beginning.
If according to Vasukumar, nothing of the above has happened, then there is no way the employee can ask for the extension now.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
THANKING YOU ALL
Few more Information about Above topic
1) He is submits copy of TC ("14-2-1958" in hindi Issued by the School in1976) At the time of joining 1977.
2) He is seeking to company please give me a copy of date of birth.(non available at the copy)
3) Company given to him on latter pad "1- 6- 1954 " with Atested by Factory Manager & ceel in 1991.
4) He is shocked. Bring the Original from his Home Town And copy of TC submit to company 1992 .
(Few months gap , no eqnoledgment given by the company no practice)
5) He is asking orally, they says ok,
6) 17-7-2013 he is find out the EPF e-pass Book online date of Birth 14-2-1954, pension fund colum ' 0'
Retirement age 60 years ,pension fund cutting up to 58 years only
once again he is shocked . Asked to PM whats this, PM says your Retirement date feb -2014, we cant
Help.
WHAT TO DO NOW? Any remedy in this case
From India, Hyderabad
Few more Information about Above topic
1) He is submits copy of TC ("14-2-1958" in hindi Issued by the School in1976) At the time of joining 1977.
2) He is seeking to company please give me a copy of date of birth.(non available at the copy)
3) Company given to him on latter pad "1- 6- 1954 " with Atested by Factory Manager & ceel in 1991.
4) He is shocked. Bring the Original from his Home Town And copy of TC submit to company 1992 .
(Few months gap , no eqnoledgment given by the company no practice)
5) He is asking orally, they says ok,
6) 17-7-2013 he is find out the EPF e-pass Book online date of Birth 14-2-1954, pension fund colum ' 0'
Retirement age 60 years ,pension fund cutting up to 58 years only
once again he is shocked . Asked to PM whats this, PM says your Retirement date feb -2014, we cant
Help.
WHAT TO DO NOW? Any remedy in this case
From India, Hyderabad
Please approach the regional provident fund office with DOB evidence and request them to rectify in the official records on your company letter pad with authorized signatory. Then you bring to your Management to continue his service in the organization as per records available.
From India, Secunderabad
From India, Secunderabad
Hi,
This is a clear case where employee had made previous efforts to get the date of birth corrected and 'the management has erred"
Hence the employee has a better chance of getting this ruled in his favour if he approaches the court.
It makes sense for the management to accept the TC and provided the extension as sought for.
Kind regard
Dayanand L Guddin
From Singapore, Singapore
This is a clear case where employee had made previous efforts to get the date of birth corrected and 'the management has erred"
Hence the employee has a better chance of getting this ruled in his favour if he approaches the court.
It makes sense for the management to accept the TC and provided the extension as sought for.
Kind regard
Dayanand L Guddin
From Singapore, Singapore
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