JUDGMENT :

NIKHIL S. KARIEL, J.

1. Heard learned Advocate Ms. Bhakti Joshi on behalf of the petitioner, learned Assistant Government Pleader Ms. Nirali Sarda and learned Advocate Mr. Dipak Dave on behalf of respondent- Board.

2. The issue as raised in the present petition being one covered by a catena of decisions of the Hon’ble Supreme Court, that is with regard to an application for change of date of birth at the fag end of service, therefore, facts, as much as are required, are narrated hereinbelow:

2.1 The petitioner had joined the respondent as a Helper in the Nadiad City Division ( Anand Circle) on 18.05.1999 and whereas the date of birth as recorded in the service record, based upon the endorsement of date of birth in the School Leaving Certificate was 28.04.1965.

2.2 It is the case of the petitioner that upon joining, while an application had been made by the petitioner to correct the date of birth from 28.04.1965 to 28.04.1967, no heed was paid by the respondents, therefore, the petitioner had approached the Labour Commissioner, Gujarat State, and whereas the Labour Commissioner had referred the dispute to the Labour Court, Nadiad numbered as Reference (IT) No. 69 of 2018 . The prayer was to direct the respondents to change the date of birth of the petitioner from 28.04.1965 to 28.04.1967. Learned Labour Court vide award dated 21.10.2022 had rejected the reference in question.

2.3 It would appear that while the petitioner had relied upon certain documents before the learned Labour Court like his Passport, Driving License, Aadhar Card, PAN card etc., and whereas the learned Labour Court had noted that the petitioner had not produced any document to show as to on what basis the said documents had recorded his date of birth as 28.04.1967. Learned Labour Court had also noted that the petitioner has not produced any order by JMFC or a Civil Court whereby either there has been a direction to correct the date of birth in the Birth and Death Register or correct the date of birth in his School Leaving Certificate and hence the reference had been rejected.

2.4 It would appear that the petitioner taking a cue from the said decision had approached the learned Chief Judicial Magistrate, Panchmahal by preferring Criminal Misc. Application No. 551 of 2023 whereby he had sought for a direction that the school in which he had studied, be directed to correct the date of birth in the School Leaving Certificate from 28.04.1965 to 28.04.1967, more particularly according to the petitioner the date of birth as recorded in the Birth and Death Register was 28.04.1967.

2.5 The said application had been allowed unopposed, more particularly, the respondent employer had not been joined as a party in the said proceedings. Learned JMFC vide an order 30.01.2024 had issued a decision on the said date whereby the School had been directed to correct the date of birth of the petitioner in the School Leaving Certificate from 28.04.1965 to 28.04.1967.

3. The petitioner had thereafter approached the respondents vide a representation dated 13.09.2024 requesting for change of date of birth in his service book and whereas a reminder had also been sent. The said application not having been considered and the petitioner being served a communication dated 29.03.2025 asking him to submit relevant documents for payment of gratuity, the petitioner had approached this Court by preferring this petition.

4. Learned Advocate Ms. Joshi on behalf of the petitioner would submit that the respondents have committed grave error in not considering the application preferred by the present petitioner, more particularly even inspite of direction of the learned JMFC to correct the School Leaving Certificate, whereby the date of birth of the petitioner is shown as 28.04.1965. Learned Advocate would submit that the birth certificate of the petitioner showing the date of birth as 28.04.1967 and upon direction by the JMFC, the School Leaving Certificate was also required to be corrected and th