One of my senior shared the following case study, kindly deliver your valuable comments on the subject :
One of the workmen has joined in his company by submitting of Gram Panchayat letter as a proof Date of Birth at the time of appointment.
Now he will be retiring in two years, at this point of time he has brought primary education certificate for correction of date of birth in service records as a proof which was vary of 5 yrs.
is there any case law to defend this case ?
How can we dismiss legally ?
Kindly guide us ....
From India, Nizamabad
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Asso.prof.(commerce & Management)
PRABHAT RANJAN MOHANTY
Hr & Ir
Retired Government Servant/advocate
Srinath Sai Ram
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:
From India, Salem
sridharan venkataramanSimilar case we have also on hand now. The workman who joined the organization for the sake of attainment of required age limit (18 years of age) for getting employment, was submitted a fake school certificate obtained in fraudulent manner at the time of employment. Now he has submitted his x std Transfer Certificate for correction of his date of birth. In fact, as per the current certificate submitted by him, his age at the time of his employment was only 16. It was proved in an enquiry that the earlier certificate submitted by him was a fake one which the same was admitted by the workman. We have initiated disciplinary action against the workman and there will be a token punishment for the said fraudulent act of the employee before doing the record correction.
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
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.
From India, Bangalore
sensharma1959According to me the law is well settled that date of birth cannot be corrected at the fag end of the career. Reference may be made to the following judgments of the Supreme Court:
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.
From India, undefined
PRABHAT RANJAN MOHANTYDear Friend,
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.
From India, Mumbai
email@example.comThe norm (not a statutory rule, but an administrative instruction) that is in vogue for Central Government employees is that any correction in date of birth needs to be sought within five years of the initial appointment. And no such request is entertained during the fag end of the service.
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.
From India, Kochi
Srinath Sai RamDear All, Please peruse attachment-School Leaving Certificate valid Proof of Age-Supreme Court
From India, New Delhi