In our factory workmen has requested for change in his date of birth in our records.He has produced his school leaving certificate and PAN card.Where as at the time of getting employment( about fifteen years back) he has filled the date of birth in employment form of the company and his application for job also contains the Date of birth which he wants to correct now--postpone by 2years. Unfortunatetly his documents are unverfied at the time of his joining with us.What should be our course of action--please suggest.
From India, Nasik
From India, Nasik
Change of date of birth at later stage in services- has lot of legal and operational implications. There are several judgements on this issue. Of late court's precedences are not to entertain any such application in fag end of the services.
Because DOB is entered in the service record on the basis of the employee's statement cannot be changed
unilaterally at the sweet will of the employee except in the manner permitted by service conditions or the
relevant rules. Here again considerations for a change in the date of birth may be diverse and the employer
would be entitled to view it not merely from the angle of there being a genuine mistake but also from the point that any entry of DOB at later date would have entitled him for joining based on minimum age prescribed, whether the change will make any injustice to juniors for their promotions etc.
It calls for thorough examination of the case and the document to be relied upon and also the rules/manual of your company.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
300Because DOB is entered in the service record on the basis of the employee's statement cannot be changed
unilaterally at the sweet will of the employee except in the manner permitted by service conditions or the
relevant rules. Here again considerations for a change in the date of birth may be diverse and the employer
would be entitled to view it not merely from the angle of there being a genuine mistake but also from the point that any entry of DOB at later date would have entitled him for joining based on minimum age prescribed, whether the change will make any injustice to juniors for their promotions etc.
It calls for thorough examination of the case and the document to be relied upon and also the rules/manual of your company.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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STORY BEHIND YOUR BIRTH DATE.ppt
Date of birth can be changed even after leaving school - Bombay HC 21.11.2013.pdf