One of our workers has a birth year of 1963 on the ESIC card, while on the Aadhaar card, the year of birth is 1960. For retirement, which card should be considered?
Thank you, Mr. Srinath Sai Ram, for your response. He joined us in 2001 after working for another company. We used the same birth year, 1963, as indicated on the ESIC card; therefore, our company records show the date of birth as 1963. Currently, due to the linking of Aadhaar with PF, etc., this discrepancy has arisen because Aadhaar displays the date of birth as 1963. I hope I have explained it clearly.
What is the document on which the appointment was made? Are ESI records filled by the employer? Is Aadhaar proof of identity? What is the date of birth as per your company records?
The ESIC card is not proof of date of birth (DOB) at all. Your company must have referred to an identity proof during the hiring process in the past. However, if the Aadhar card indicates a different DOB, you should take this into consideration and update it everywhere else.
As per your recent post, the employee's date of birth in his previous employment was 1963, which you also considered as his date of birth. The employee's date of birth in Aadhaar is also 1963. What is the issue? I think there is some error in your post. Please call for employee records and verify thoroughly. Due diligence has not been done at the time of joining your establishment. Please put proper systems in place to avoid the recurrence of such things in the future. Please do not rely on the ESI card or Aadhaar for determining the date of birth.
As for determining the date of birth, the provision in the Standing Orders applicable to you offers the decisive test. Normally, it is the school leaving certificate. But if he is illiterate, what was the date he declared at the time of joining? You had mentioned that 1960 was on the ESI Card of the previous employer, but did he mention this in his application for employment? If so, then it can be relied upon. Otherwise, ESI Card and Aadhaar Card are not verified documents for age. The certificate of municipal/panchayat authorities can also be relied upon.
Please ask the workmen to obtain an affidavit for his date of birth (DOB). Subsequently, the DOB should be included in the Affidavit to be incorporated in the Employees' State Insurance Corporation (ESIC) and Employees' Provident Fund (EPF) records. Following this, the workmen should proceed to apply for the amendment of the DOB in the Aadhar card. Failure to do so may lead to significant challenges in the future, as Aadhar is required for various official purposes.
Thank you.
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