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1995 Supreme(Kar) 410

M.F.SALDANHA
B. S. GHOSH – Appellant
Versus
BHARAT ELECTRONICS LTD. – Respondent


( 1 ) THIS writ petition filed by the ex-Assistant Personnel Officer of B. E. L. Ltd. raises certain interesting facets of the law relating the finality of an employee's date of birth as reflected in the company's records. The law with regard to this aspect of the matter is now reasonably well defined and has been crystalised to a position whereby the Courts have held that it will not he permissible to permit an alteration of the date of birth of an employee at a point of time when he is on the verge of his service coming to an end. The important principle underlying this decision is that the employment was secured on the basis of a clear-cut representation with regard to the date of birth which employment could possibly not have been secured by the petitioner for a variety of reasons had that date been different. It is, therefore, that the Courts have held that it would be impermissible to plead mistakes or a host of other reasons and ask for variation and that an employee will be pinned down to the representations made at that point of time. In amplification of these principles, the Supreme Court in the decision in Secretary and commissioner. Home Department v. R. Kirubakaran, (1








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