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shailesh pandey (dy.manager (p&a))     13 September 2011

Birth date difference

Dear Sirs

kindly help for the following subject

 

a permanent employee's birth date is 01.07.1952 in company's record.according to that we have informed him to fill pension form at 58 years. he submitted the birth / death resister where in his D.O.B. is noted as 27.02.1954.whether it is authantic / valid ? company is firm as per its record. what will be legal aspect if we retire as per our record. kindly advice.
shailesh pandey



Learning

 3 Replies

Isaac Gabriel (Advocate)     13 September 2011

The company can adopt the date of birth already registered as per his service records.In case he desires a change, he need to submit any order by the competent authority or from the court.. In government service, the employee has to submit application within five years of entry into Government service for any change in date of birth.In this case, it is the discretion of the  company to revise the date of birth if the employee reqests for change.


(Guest)

Dear Shailesh,

 

The question arises, what was the basis of recording DOB of the employee, as 01.07.1952, in the service records of the company?

 

2ndly, what the DOB of the employee is shown in his Matriculation/ Higher Secondary or the Senior Secondary School Certificate (as the case may be)?

 

3rd, Whether the employee produced the original birth certificate issued by the Municipality and when produced  by him?

 

NEEDLESS to mention, what rules are meant for the Government organisations has no relevance in the private organisations/companies, unless specifically adopted as a while by a passing a Board resolution in the companies.

Sankaranarayanan (Advocate)     14 November 2011

yes DOB birth should be the record those as reflected in SSLC certificate , if any wrong DOB was recorded in the employee register then give the affidavit to change it.


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