dear all
1.his date of birth recorded in service card is 25th may 1963
2. his date of birth recorded in of and esic is 25th may 1970.
as per case law one should not change the date of birth at fag end of his service, in the instant case his date of birth recorded in his serivce record though not supported with any documentary proof be taken as authentic and he should retire accordingly. In case you want you may ask to swear an affidavit and get it notariesed. this affidavit should be supported with documents like medical certificate certifying the age to be correct as claimed by civil suergeon i.e. govt authority.
it is clear cut case and no need to refer to case law as it is not intimated at the fag end of service.
s.v.parab
09820192051
On Fri, 19 Jul 2013 21:22:32 +0530 wrote
> Dear Sir,
I shall be ever thankful to all fellow HR professionals, who can help me with supreme court and or high court judgements in solving the issue given below as 'Case Study'.
Case Study : An employee of an organization recently have requested management to change is date of birth in the official personnel record of that organization.
The letter dt. 17..07.13 written to the management goes like this :
" I would like to bring to your kind notice that the date of birth mentioned in the company record in not properly mentioned and needs correction. The date of birth will be May 25. 1970 instead of May 25, 1963.I had submitted a copy of affidavit to the management in the year 1997, which was a proof of my date of birth, which shows date of birth as May 25, 1970 ( enclosed ) . It is also to be noted that I was issued an ESIC card which also bears the year 1970 as date of birth. I am also policy holder of LIC which also bears the same date of birth.I could not write and read English because of which I was unable to point out the mistake. Recently when I was going with papers related to my employment, came to know that the date of my birth is wrongly mentioned in the letter of confirmation issued in the year 2001. I am sorry due of lack of my knowledge could not inform mistake to the management earlier and request my esteemed management to correct the same and oblige. "
Note :
Date of joining of the employee is 01.07.1997.
Service Card/ Personal file shows that his date of birth is May 25, 1963. But have no documents to show that his date of birth is May 25, 1963, Except Confirmation Letter from management dated 01.01.2001, duly received by the employee concerned.
P. F and ESIC record shows that his date of birth is May 25, 1970. As claimed by the employee he had submitted Affidavit related to his date of birth as May 25, 1970 in 1997, was not found in his Personal file. But he had enclosed a copy of affidavit for management's knowledge with
his request letter.
Regards,Prabal Basu RayHR Professional(08017846415)
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