JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The writ application has been preferred challenging an Award dated 20^th June, 2025 passed by the learned 3^rd Industrial Tribunal, West Bengal, in Case No. 08 of 2022 under Section 10(1B)(d) of the Industrial Disputes Act, 1947 which has been punished on 2nd July, 2025.

2. The petitioner’s case in short is that the respondent no. 2 raised dispute with regard to his date of birth at the fag-end of his service. He sent an email communication on 10th November, 2020 enclosing his PAN card, Aadhar card, Driving Licence, ESIC card and Voter ID card with the request to rectify his date of birth. The ESI Corporation had introduced the system of e- Pehchan card in 2010, which is a digitally issued ESI Identity Card. In the said e-Pehchan Card, the respondent no. 2 had also declared his date of birth to be 15th July, 1962.

3. On 5th August, 2021, the respondent no. 2 made a representation to the company with copy to the Conciliation Officer for providing him with copy of provident fund statements maintained by the in-house division of Jaya Shree Provident Fund Trust and salary slip of last month of working that is December 2020.

4. In course of hearing both parties have filed their respective written notes.

5. The petitioner case is that the core issue in this case relates to alteration of date of birth of the workman concerned/respondent No.2 at the fag end of his service career.

6. Respondent No.2 joined service in 1985 in lieu of his father's superannuation.

7. By a superannuation notice dated 29.10.2020, respondent No.2 was superannuated by treating his year of birth to be 1962.

8. The demand for justice dated 10.11.2020 by respondent No.2 was based on the following documents:-

(a) PAN (b) Aadhar Card (c) Driving Licence (d) ESI Records (e) Voter Card

9. The petitioner/Company's objection dated 26.11.2020 is with reference to EPFO Circular dated 3.4.2020.

10. The Respondent no.2 produced a purported birth certificate dated 26.12.2020, issued by the Government of Bihar, just 7 (seven) days before his effective date of superannuation.

11. In March, 2022, Respondent no.2 has settled his PF and also his credited amount from the Workers' Cooperative. Therefore, Respondent No.2 has accepted his dues by treating his date of superannuation to be 31.12.2020.

12. The claim and counterclaim with regard to year of birth would reveal that employer retired respondent No.2 by treating his year of birth to be 1962, whereas the employee contends that his year of birth should be 1966.

13. The documents relied upon by the employee in support of his contention is the ESI Identity Card.

14. The other document is purported to be a birth certificate dated 20.12.2020 procured 7 (seven) days before his superannuation.

15. As against the above, the following documents would reveal that his year of birth is 1962:

(a) Nomination and Declaration Form dated 13.3.1985 under P.F. Act.

(b) ESI E-Pehchan Card of 2010.

ESI's clarification certificate dated 23.9.2021.

16. The petitioner relying upon the judgment of the Supreme Court in 2024 SCC Online SC 3038 Paras 9.6 wherein the Court held that Voter card, Aadhar card, PAN card relied upon by the respondent no.2 are not admissible evidence. The entry of date of birth therein are based on self- declaration. It is settled law that age mentioned in Aadhar Card is not proof of age.

17. Furthermore OPW1 in cross-examination dated 12.12.2024 stated that retirement of workmen is settled on the basis of information kept in the records of EPF and that company maintains office records with detailed information regarding all the workmen. This testimony remained unchallanged. Even otherwise, the official records could not have been challenged by the workman without production of any material to the contrary, of unimpeachable character.

18. Respondent No.2, despite superannuation continues to enjoy company's quarter with free electricity and water.

19. Learned Tribunal passed the Award principally on the ground that