Correction in date of birth after 25 years of service not to be permitted: SC

New Delhi: The Supreme Court has said applying for correction of date of birth by a workman after a delay of 25 years almost towards the end of service, is not to be permitted.

A bench of Justices Vikram Nath and Sandeep Mehta declined a claim by a workman to correct his date of birth from 1962 to 1970 on the basis of a 1987 school leaving certificate of matriculation examination issued in 2015.

On an appeal filed by the employer in relation to management of Katras areas of M/s Bharat Coking Coal Ltd, Dhanbad, the court set aside Jharkhand High Court's division bench order of September 6, 2023.

The HC's division bench had set aside the single bench order and restored a decision by the Central Government Industrial Tribunal which allowed a plea by workman, Shahdeo Das for correcting his date of birth from September 18, 1962 to January 5, 1972 on the basis of his matriculation certificate.

"What is interesting is that the respondent at the time of entering into service had given the details of his dependants which included his wife aged 24 years, four daughters aged 6 years, 4 years, 2 years and 6 months and also his father aged 60 years. The name of the nominee in the service book was mentioned as Smt. Keshari Devi, his wife,'' the bench noted.

The court also pointed the workman himself had given these details in the service book.

"If his claim is accepted, he would be only 18 years of age at the time of entering into the service. It is difficult almost impossible to have a wife aged 24 years and four daughters aged between 6 months to 6 years,'' the bench said.

The workman joined the services with effect from September 24, 1990. He himself recorded the family details including the age of wife in the service book, and that of his own as September 18, 1960 corresponding to the age of 30 years.

If the workman had actually studied in matriculation and there was a Transfer Certificate/School Leaving Certificate of 1987, it ought to have been filed either at the time of joining the service in 1992 or at any time soon thereafter, the bench said.

Holding that the division bench erred in its order, the court also pointed out the certificate relied upon has been issued only on November 05, 2015, nearly 28 years after leaving the school.