jaykumtekar (Legal Advisor) 02 November 2011

Change of date of birth

Dear All,

In our company one Mr.X is working for the last 30 years. While joining the organization he had filled in the employment form in which he had registered his date of birth as 01.06.1956. As per our Standing orders the employee will retire on attaining the age of 55 years.

Mr.X attains 55 years on 31.05.2011. Company has rightly retired him as per the certified standing orders. Prior to his attaining the age of 55 years i.e. one month prior to retirement he has produced his Date of Birth letter on the Stamp paper duly signed by the Grampanchayat of his village certifying his date of birth as 01.06.1958. It means that his age as on June 2011 is 53 years and not 55 years and hence he should not be retired. We took a stand that it will not be taken into consideration and we refused to acknowledge the copy of the Certificate issued by the Grampanchayat.

Prior to his retirement the management had issued a letter to Mr.X one month in advance stating that he will be retiring on 31.05.2011. Mr.X refused to acknowledge the said letter and left. The HR manager immediately has sent the letter by Registered post and the letter was returned back with the comments from the Postal authority that addressee left.

Mr.X was retired on 31.05.2011 and he was not allowed to enter the premises from 01.06.2011 in view of his retirement from the company. The compensatory cheque were also sent to his last known address as per his service book which has also come back with the postal authorities comments "addressee left".

Mr.X has filed a case against the company and its officers under ULP Item No.9 & 10 of Schedule IV contending that he was orally terminated from the services and that tantamounts to ULP and had asked for an interim order to reinstate him and for back wages. He has also produced his birth certificate which is disputed in the court stating that his date of birth is 1958 and not 1956 and he is only 53 years of age and he has still 2 more years to retire. The matter is posted for arguments on 10.11.2011.

Kindly advise as to whether the stand taken by him is correct. Any citations on this issue are welcome please.

Regards

Jay Kumtekar.

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10 Replies

(Guest)

Sorry you don't need case laws for it. Why was he quiet all these years? Producing a birth certificate at the time of retirement establishes his criminal intent. Why is the judge delaying the matter and not dismissing his claims? Delaying means something more.

kameswarao S (Head HR) 03 November 2011

One particular point I want highlight is that when the employee has submitted his new date of birth certificate why you have refused to receive. You would have taken the same and issued a letter saying that as per the records your date of birth is so & so and the same is in the records of the company for last 30 yrs and the letter what you were telling would have issued about the retirement on the same day itself.

The other point is when he refused the letter you should displayed in the company / office notice board so that it amounts to serving of the letter. However your stand is correct, pl. keep the both the returned letters intact, don't open and continue the legal process.

In the meantime if any possibility ask the Grampanchayat authorities to submit the xerox copy of the birth register where they have entered his birth and on the grounds they issued the birth certificate.

One more point is that you have to serch his personnel file and keep the job application submittede by him with his own hand writing where he mentioned his date of birth and any copies of certificates (SSC / Transfer certificates) where in his dob is mentioned.]

Legally you are right and figh it.

Regards - kamesh

Kumar Doab (FIN) 03 November 2011

Kindly check if this employee was registered with employment exchange, has a pan card, a passport, bank a/c, DL, files ITR, and run a check on his DOB registered in school/college of his wards, marriage certificate and contest his DOB, submitted to different establishments.

If this employee is a spoiled character he should face the consequences of an appropriate action.

There have been issues with DOB of chief of army staff too as published in media.

(Guest)

@Kumar: Correctly stated.,though had I been the attorney of the phony guy I'd have proved him right in Nigeria at least lol!

jaykumtekar (Legal Advisor) 03 November 2011

Friends, the birth certificate is not in the format as required by law. That is the reason I have refused to accept it. It is on a stamp paper of Rs.100/- and duly certified by the Gram panchayat Authorities. We have disputed the said certificate and the argument in this case before the court is over. Matter has been posted on 05.11.2011 for order. I will keep everyone updated once this order is pronounced.

Regards

Jaikishen Kumtekar

(Guest)

When even GOD, DEVIL cannot change the date of birth what to speak of of Village heads or even the Prime Minister. Every Hindu has recorded horoscope I'm given to believe as also records in registers kept in Haridwar, Varnasi and so on. The person changing his birthdate is asking for very serious trouble.

(Guest)

If you stand to gain lot of cash then bribe verybody concerned in the Traditional Indian/Hindu Tradition.

(Guest)

Grampanchayats have Class II judicial Magistrate powers. Such certificates would have to ratified by the District Judge/Or the Chief Judicial Magistrate.

V. VASUDEVAN (LEGAL COUNSEL) 05 November 2011

You have a perfect case. You have complied with the provisions of the General Clause Act for service of documents by duly registereing it at the address recorded with you/known to you. As an additional measure a small public notice could have been inserved in a leading local newpaper. However, it is not mandatory. Produce the complete facts before the ULP for contest. In fact you have the liberty to initiate prosecution for producing false record - if the standing order providers for the same.Engage a labour law expert to effectively contest the case.

vasudevan