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VIKRAM NATH, SANDEEP MEHTA
Employer In Relation To Management Of Katras Area Of M/S Bharat Coking Coal limited, Dhanbad – Appellant
Versus
Workman-Shahdeo Das – Respondent
| Table of Content |
|---|
| 1. factual background of date of birth issue (Para 1 , 2 , 3 , 4) |
| 2. process and appeals regarding correction of date of birth (Para 5 , 6 , 7) |
| 3. court's analysis of delay and evidence (Para 9 , 10) |
| 4. challenges to the legitimacy of birth date correction (Para 11 , 12) |
| 5. final decision and order (Para 13 , 14) |
ORDER :
1. The employer is the appellant and assails the correctness of the judgment and order dated 06.09.2023 passed by the Division Bench of the High Court of Jharkhand at Ranchi in LPA No. 25 of 2022, titled as Workman-Shahdeo Das vs. Employer in relation to Management of Katras Area of M/s Bharat Coking Coal Limited, Dhanbad, whereby the appeal was allowed, the order of the Single Judge was set aside and the award of the Central Government Industrial Tribunal No.1, Dhanbad1[In short, “CGIT”] dated 30.09.2020 was restored. By the said award, CGIT had allowed the reference and permitted the change in date of birth of the respondent from 18.09.1960 to 05.01.1972, apparently based on a Transfer/School Leaving Certificate issued in 2015.
2. The respondent joined the services of the appellant with effect from 24.09.1990. In the service book, the date of birth was r
A claim to correct a date of birth after 25 years must be supported by clear evidence of an initial error; mere delay undermines the legitimacy of such requests.
Requests for correction of date of birth in service records at the fag end of one's career are impermissible and must demonstrate timely claims to avoid disrupting promotion rights of others.
Requests for correction of date of birth in service records made at the end of service are not sustainable unless made within prescribed time limits and with clear evidence of error.
The main legal point established in the judgment is that applications for correction of date of birth in service records must be reasonable and timely. The delay in seeking correction, absence of irr....
Requests for correction of date of birth at the fag end of service are not sustainable, as established by various precedents.
The court affirmed that applications for correction of date of birth must be made within two years of service entry, and delays undermine service integrity and affect junior employees' promotions.
Correction of date of birth in service records is not a matter of right and is subject to procedural and timely constraints, particularly if raised at the fag end of service.
Continuous requests for correction of clerical errors in service records are valid and should not be dismissed based on timing alone.
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