The date of birth recorded in the school leaving certificate and service records of an employee cannot be unilaterally changed by the employer without granting an opportunity of hearing.

1. THIS application has been filed in connection with the appeal preferred from the order dated 8th April, 2011 whereby and where under a learned Judge of this Court refused to pass any interim order.

2. THE learned Advocate representing the appellant/petitioner submits that the respondent authorities particularly the Manager Nabakajora Colliery issued notice of superannuation dated 24th January, 2011 without appreciating the actual date of birth recorded in the service records of the appellant/petitioner. Mr. Ashoke Chakraborty, learned Senior Counsel representing the appellant/petitioner invites our attention to the last pay certificate issued by the respondent Colliery wherein the date of birth of the appellant/petitioner has been specifically mentioned as 4th June, 1959.

3. MR. Chakraborty also relied on the school leaving certificate issued by the Headmaster, Gopalpur High School, Burdwan wherein the date of birth of the appellant/petitioner has been recorded as 4th June, 1959. The aforesaid school leaving certificate was issued by the Headmaster on 24th May, 1978 i.e. prior to the engagement of the appellant/petitioner in the employment of the Eastern Coal Fields Ltd.

4. MR. Chakraborty submits that the respondent authorities sought to change the recorded date of birth of the appellant/petitioner unilaterally and without granting any opportunity of hearing upon serving prior notice. Mr. Chakraborty specifically urged before this Court that the date of birth of the appellant/petitioner specifically mentioned in the service records cannot be unilaterally changed and the date of birth recorded in the school leaving certificate cannot be ignored by the respondent authorities under any circumstances.

5. MR. Bijoy Kumar, learned Counsel representing the respondent Coal Company, however, submits that the Age Determination Committee examined the appellant/petitioner and determined the age of the appellant/petitioner between 40 to 45 on 12th October, 1993 and on the basis of the aforesaid report of the Age Determination Committee, the date of birth the appellant/petitioner was mentioned in the 'B' Form Register as 12th April, 1951.

6. THE learned Counsel representing the appellant/petitioner, however, submits that there was no occasion to determine the age of the appellant/petitioner by the Medical Board specially when the date of birth of the appellant/petitioner has been specifically mentioned in the service records as 4th June, 1959. Furthermore, the same date of birth was recorded in the school leaving certificate issued by the Headmaster of the school concerned prior to the appointment of the appellant/ petitioner in service. Mr. Chakraborty, learned Senior Counsel representing the appellant/petitioner referred to and relied on a Division Bench judgment of this Court in the case of Dilip Kumar Moitra v. M/s. Burn Standard Co. Ltd. and Ors., reported in 2007 (2) CLJ (Cal) 203, wherein this Court specifically observed:-

"The respondent-Company while recording the date of birth of the appellant/writ petitioner should have followed the Standing Orders wherein specific provision has been made for evidence of age in Order No. 2 (v) (b). Following the aforesaid provisions of the Standing Order, the competent authority of the respondent-Company should have recorded the date of birth of the appellant/ writ petitioner on the basis of the School Leaving Certificate. In absence of any other valid documents the age recorded in the School Leaving Certificate should be and must be regarded as evidence of age as has been specifically mentioned in the Standing Order No. 2 (v) (b) of respondent-Company."

7. IN the present case, undisputedly, the date of birth of the appellant/petitioner was mentioned in the last pay certificate as 4th June, 1959 apart from the School Leaving Certificate issued by the Headmaster of the concerned school before the appointment of the appellant/petitioner in the service of the respondent Coal Company.

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