As far as I know that there are certain instructions regarding change of date of birth of Government Servants. Even then request for correction of date of birth at the fag end of the service by certain Govt servants has been considered by the higher judiciary. However, in the absence of any specific Rules in the service regulations/standing orders of any organization in the private sector, I think that the employer cannot reject such a request simply based on the eflux of time and fast approach of the date of superannuation if the correction is based on genuine records. In this connection I would like to quote the recent instructions of the EPFO on the matter and the link is mentioned below:
19th March 2019 From India, Salem
Therefore, in your case, it is suggested that you may please ascertain as to what account he has given a proof for his date of birth earlier. Otherwise, if it is a genuine case, you may go by the advise of the learned senior expert Sri Umakanthan sir.
Regards, V Sridhar
21st March 2019 From India, Mumbai
I afraid, there is no conclusive act or SC judgment as to what document should be relied upon in cases like this. Most of the offices may decide/rely on the basis of SSLC after thorough verification of genuinity of the same. It may not be appropriate to take decisions based on panchayat/VAO/MLA/MPs' letters etc. As I know, mainly most of the appointments are considered SSLC as the basic document and any other doc varying with this infringes the decision of appointment itself. That too when such disputes are raised at the fake end of one's service still more complicated. It may be advisable that HR shall obtain & file a sworn affidavit by the employee on his first & every appointment to the effect that he/she shall raise no dispute about the docs & credentials based on which the appointment is(was) decided. As was pointed out experts, there are many SC judgments passed on such disputes in govt/quasi govt services. I don't see any impediment if same judgments are followed in anybody else's instances as the logic/analogy behind those judgments are very similar.
21st March 2019 From India, Bangalore
1. Hindustan Lever Ltd vs S N Jadhav, 2001 (98) FJR 681.
2. State of UP vs Smt Gulaichi, 2003 (98) FLR 891.
3. Mohd. Yunus Khan vs UPPCL, 2008 (119) FLR 808.
4. State of Haryana Vs Satish K. Mittal, 2010(2) SCC (L&S) 740.
You must ask him why the primary education certificate had not been submitted all these years. You may also examine whether the certificate is genuine or not.
22nd March 2019 From India, undefined
In first instance you lodge an FIR in name of the employee for providing fake documents. You are not bound by the law to accept the documents from the employee unless untill there is direction from the court. The DOB provided by the employee at the begining of employment is final.
In general the DOB is legally considered in all forums are i.e. Birth certificate issued from the office of Registrar of birth & death, DOB mentioned in SSC/HSC Certificate or DOB in Passport.
Do not accept the document, let the employee knock the door of court for a direction.
23rd March 2019 From India, Mumbai
However, there is no cause for a criminal action if an employee, at the fag end of his career seeks change of DOB on basis of another document. Such discrepancies could have occurred due to innocent reasons. A couple of decades back people were not prompt in registering births and schools esp. those in villages,also never insisted on birth certificates while admitting children. The present day HR functionaries ought to be aware of the ground realities in our country.
24th March 2019 From India, Kochi