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D. Y. CHANDRACHUD, ANIRUDDHA BOSE
Shankar Lal – Appellant
Versus
Hindustan Copper Ltd. – Respondent
JUDGMENT :
ANIRUDDHA BOSE, J.
The appellant is before us primarily questioning the validity of an order of the employer (Hindustan Copper Limited the first respondent in this appeal) treating his date of birth as 21st September 1945. This date has relevance for computation of his benefits accruing from a Voluntary Retirement Scheme (“VRS”), for which he applied and was granted. The appellant’s stand is that his date of birth is 21st September 1949. The appellant had invoked the writ jurisdiction of the High Court of Judicature for Rajasthan at Jaipur (“the High Court”), but was unsuccessful before a Single Judge and the Division Bench in sustaining his case. If the latter date, i.e. 21st September, 1949 was accepted by the employer to be his date of birth, his financial benefits from the said scheme would have been higher, as he would have had longer service tenure left. It appears that the tenure of service left was the basis on which the VRS benefit was to be computed. We would like to point out here that in the pleadings and copies of various other documents forming part of the paper-book, there are overlapping dates claimed by the appellant to be his actual date of birth. These a
Voluntary Retirement – VRS benefit is an entitlement and assumes character of property to employee concerned once his application for VRS is accepted – It is right of a person under Article 300A of C....
The date of birth recorded in the Matriculation Certificate authenticated by the Education Board is conclusive proof of age, and a change in date of birth cannot be entertained at the fag end of serv....
The importance of timely and justified representation for correction of date of birth in employment disputes, and the reliance on employee-furnished information for determining date of birth at the t....
The main legal point established in the judgment is that requests for correction of date of birth at the fag end of a career must be supported by irrefutable proof and evidence of real injustice, and....
The main legal point established in the judgment is that applications for correction of date of birth in service records must be reasonable and timely. The delay in seeking correction, absence of irr....
Alteration of an employee's date of birth must comply with natural justice principles; failure to provide an opportunity to contest changes leads to void actions.
The central legal point established in the judgment is the importance of authentic documents, such as matriculation certificates, for determining the date of birth of employees. The judgment emphasiz....
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