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IN THE HIGH COURT OF ALLAHABAD
ROHIT RANJAN AGARWAL, J.
M/s. Triveni Engineering And Industries Ltd. – Appellant
Versus
Deputy Labour Commissioner U.P. And Another - Respondents
Civil Misc. Writ Petition No. 21029 of 2002
Decided on : 17-01-2023
Retirement - Employee Age Verification - Standing Order Provisions - The court interpreted the provisions of the Standing Order regarding age verification and modification, emphasizing the one-year limitation for corrections, which influenced the decision to set aside the Deputy Labour Commissioner's order.
Fact of the Case:
The petitioner challenged the Deputy Labour Commissioner's order allowing an employee to change his recorded date of birth from 1940 to 1943, which was claimed after the one-year modification period specified in the Standing Order.
Finding of the Court:
The court found that the employee's late application for correction of his date of birth was not permissible under the Standing Order, which required modifications to be made within one year of enforcement.
Issues: Whether the employee could modify his date of birth after the one-year period specified in the Standing Order.
Ratio Decidendi: The court held that the provisions of the Standing Order were clear and binding, and the employee's belated request for modification was not valid.
Result: The order of the Deputy Labour Commissioner was set aside, and the writ petition was allowed.
JUDGMENT :
Hon'ble Rohit Ranjan Agarwal, J.
Heard Sri Deeptiman Singh, learned counsel for the petitioner, learned Standing Counsel for respondent No.1 and Sri Vibhu Rai, learned counsel for respondent No.2.
2. This writ petition has been filed assailing the order passed by the Deputy Labour Commissioner, Meerut dated 19.3.2002.
3. Learned counsel for the petitioner has contended that the Standing Order was enforced in the petitioner's sugar mill in the year 1988. Part-LL of the Standing Order provides for the retirement of workmen on reaching the age of superannuation. Clause 3 provides for any modification in the date of birth which can be done within a period of one year from the date of enforcement of the Standing Order. Further, Clause 3-C provides that the date, month and year of birth entered and recorded in Provident Fund record shall be taken as final. Part-LL of the Standing Order is extracted hereas under:-
2. The Provident Fund record of the factory specifying the workman's age should, to being with, be taken as the reliable record of the age of a workman for purposes of retirement.
3. This record of age shall stand modified as may be warranted by the following:-
(a) Date of Birth as given in High School Certificate. If the school leaving certificate is below High school then such certificate must be authenticated by the District Inspector of Schools or by the District Education Officer as the case may be.
(b) Date of Birth as certified by the a Municipal Corporation, a Municipal Board, a Cantonment Board, a Notified Area or a Town Area Committee.
(c) An Insurance Policy taken before November 1, 1960: provided that :
(i) where the date, month and the year of birth of a workman are recorded in Provident Fund records shall be taken as final.
(ii) where only the month and year of birth are given, the date shall be taken as the 1st of that month: and
(iii) where the Provident Fund record of the workman does not specify the date or month of month of birth in that case the 1st November of the year shall be deemed to be the date of retirement.
(iv) the foregoing provisions regarding modification of age shall lapse on expiry of 1 year from the date of enforcement of these standing orders.''
4. He then contended that the employee/respondent No. 2 on 3.4.1997 had filled the nomination and declaration form under the Employees' Provident Fund, wherein the year of birth was mentioned as 1940. Learned counsel further submitted that as the respondent No. 2 was going to attain the age of superannuation on 31.10.2000, the company, in a routine manner, on 24.8.2000 gave a notice informing him for moving the necessary papers for payment of retiral dues. It was after the notice which was issued on 24.8.2000. The employee moved an application after a month on 18.9.2000 stating therein that his year of birth is not 1940, but is 1943. In the application, it was also stated that earlier in the year of 1998, similar application was moved for correction of the service records.
5. Counsel for the petitioner further submitted that the period prescribed for making modification expired after expiry of one year from the date of enforcement of the Standing Order. He has placed reliance upon the decisions of Co-ordinate Bench of this Court in case of M/s. Babhnan Sugar Mills Ltd. v. The Deputy Labour Commissioner Faizabad, passed in Service Single No.2651 of 1993, U.P. State Sugar Corporation Ltd., Bijnor v. Deputy Labour Commissioner, Moradabad, 2002(2) ESC 422 (All) and U.P. State Sugar Corporation v. Ram Naresh Upadhyay (Allahabad), 2002 (4) AWC 3109.
6. Opposing the writ petition, Sri Vibhu Rai, counsel for respondent no.2 submitted that the Deputy Labour Commissioner had rightly passed the order holding that the date of birth of the respondent No. 2 is 18.6.1943 and earlier the application was moved in the year 1998, which remained unattended. He invite
The court established that modifications to an employee's recorded date of birth must be made within one year of the Standing Order's enforcement, and late applications are not permissible.
The absence of birth proof at the time of appointment justifies reliance on the age determined by the employer's medical officer, with no entitlement to change it near retirement.
The court emphasized the binding nature of medical opinions on age determination and the necessity for employers to adhere to established procedures in maintaining accurate employment records.
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