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No Relief For Those Who Slept Over Their Rights: SC Upsets Employee's Attempt To Correct DoB In Service Records [Read Order]

LIVELAW NEWS NETWORK
5 May 2019 6:28 AM GMT
No Relief For Those Who Slept Over Their Rights: SC Upsets Employees Attempt To Correct DoB In Service Records [Read Order]
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No relief for those who slept over their rights, the Supreme Court has made it clear while upsetting orders of the Labour court and the High Court which had allowed an employee to change his date of birth in service records. Laxman was employed with Kirloskar Brothers Ltd. His date of birth recorded in service book was 01.01.1956. In the year 2003, he claims to have sent a...

No relief for those who slept over their rights, the Supreme Court has made it clear while upsetting orders of the Labour court and the High Court which had allowed an employee to change his date of birth in service records.

Laxman was employed with Kirloskar Brothers Ltd. His date of birth recorded in service book was 01.01.1956. In the year 2003, he claims to have sent a representation for correction in the date of birth from 01.01.1956 to 01.12.1956. But, the employer had emphatically denied the same.

After a decade, in the month of January, 2014, he submitted a representation that as per his date of birth he should have been retired on 31.12.2014. As employer refused to make corrections, he approached the Labour court and got a favourable order, which was later upheld by the High Court.

The manager approached the Apex Court against these orders. The bench comprising Justice Arun Mishra and Justice Navin Sinha said:

"The affidavit filed by the employee indicated that he was well aware that his date of birth had not been corrected by the employer on the basis of representation that was allegedly filed in the year 2003. Thus, it was not open to him to have waited for ten years i.e. till his date of retirement and to file a representation again and to approach the Labour Court. He slept over his right and it is also doubtful whether he had submitted representation. Even if he has submitted his representation, he could not have waited for ten years for seeking correction in the date of birth after his retirement. A perusal of the record also indicated that once the respondent himself had declared his date of birth as 01.01.1956. There is no document in service book indicating that he has ever declared his date of birth as 01.12.1956."

The bench, setting aside the orders of High Court and Labour Court, observed that, in this case, employee was not entitled for any relief whatsoever.

Read Order


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