Change In Date Of Birth Recorded In Service Register Is Not Allowed When Opportunity Of Rectifying It Was Not Availed By Employee In First Instance: Karnataka HC

The Court was hearing a Writ Petition to set aside the order passed by the Labour Court which rejected the application filed by the Petitioner under Section 10(1)(c) of the Industrial Disputes Act, 1947.

The bench of Justice MGS Kamal relied on the decision in Bharat Coking Coal Limited and Others Vs. Shyam Kishore Singh and observed, “wherein an attempt that was made by respondent therein seeking change of date of birth after lapse of three decades from the date of employment, without availing opportunity of rectifying the date of birth in the first instance, and respondent therein himself in the Provident Fund Nomination Form having indicated the date of birth which corresponds to the date of birth entered into the service register, has been held, cannot be permitted to seek change of date of birth after his retirement.”

Advocate Santosh S. Hattikatgai appeared for the Appellant and Advocate Gangadhar S. Hosakeri appeared for the Respondent.

Brief Facts-

The petitioner retired in 2006 as his registered date of birth was in 1948. He obtained a birth certificate confirming his date of birth in 1952 after which he requested reinstatement or benefits until 2010. The management said that the Petitioner supported his registered date of birth with documents. He retired at 58 as per policy and accepted his dues in 2006 without dispute. He approached the Deputy Labour Commissioner claiming his date of birth to be 1952 which was rejected. Hence, the present Petition.

The Court said that the Petitioner continued to render his service and avail himself the benefit on the basis of having been appointed considering his date of birth in 1948 even after learning about his changed date of birth.

Relying on the abovementioned decision the Court found no fault in the order of the Labour Court.

Accordingly, the Court dismissed the Petition.