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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Raish Tiwari, son of Late Awadhesh Tiwari – Appellant
Versus
Employers in relation to the Management of Bastacolla Area of M/s Bharat Coking Coal Limited – Respondent
ORDER :
Shree Chandrashekhar, J.
The workman who was employed under M/s Bharat Coking Coal Limited (in short, 'BCCL') is aggrieved of the order dated 26th August 2019 passed in WPL No. 2172 of 2006 by which the writ Court has set-aside the Award made in his favour.
2. Briefly stated, the appellant who was employed since 1st January 1973 has claimed that his actual date of birth was 14th November 1949 which has been wrongly recorded in the management's records as 17th September 1941. He has put forth this claim on the basis of admit card of matriculation certificate and the school transfer certificate wherein his date of birth is recorded as 14th November 1949. According to him, the service records when his details were filled in he had raised objection and submitted a representation dated 22th July 1987. He has further pleaded that vide letter dated 12th February 1992 Mines Superintendent of Kuiya colliery has also taken some action on his representation but finally his date of birth was not corrected in the service records and, compelled thereof, he submitted representations dated 12th May 1995 and 27th November 1995. The Bihar Colliery Kamgar Union which espoused his cause also subm
The main legal point established in the judgment is the importance of reasonable explanation for delay in raising a dispute and the entitlement of the workman to the correction of his date of birth i....
Service records' date of birth final per Standing Orders; late correction not permitted, upholding superannuation.
An employee is not entitled to raise a dispute in respect of correction of date of birth in service record or the age dispute at the fag end of service.
An employee's request to change the recorded date of birth after a lengthy tenure must be supported by compelling evidence, especially when it affects retirement benefits and official records.
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.
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