Madhya Pradesh High Court Rules Against Post-Retirement Alteration of Birth Date in Service Records

Court overturns Labour Court's decision allowing employee's service continuation based on altered birth date; emphasizes adherence to established records.

In a significant ruling, the Madhya Pradesh High Court, presided over by Justice Alok Awasthi, has set aside an order from the Labour Court, Ujjain, which had directed the continuation of service for an employee based on an altered date of birth. This judgment underscores the legal position that an employee cannot change their date of birth after retirement unless it was a typographical error in the records.

The case involved the Public Works Department, which had challenged the Labour Court's decision permitting Mr. Panna, a retired Gangman, to continue his service until the date of superannuation based on a revised birth date from 01.10.1954 to 03.06.1959. The Labour Court had previously ruled in favor of Mr. Panna, allowing the continuation of his service and granting him the salary accordingly.

Mr. Panna was appointed on 01.03.1978, and his service records initially documented his date of birth as 01.10.1954. However, citing a school certificate, Mr. Panna claimed his actual date of birth was 03.06.1959. After retiring on 30.10.2016, he moved an application under Section 33(c)(2) of the Industrial Dispute Act, 1947, seeking adjustments based on the corrected birth date.

The High Court, examining the petition filed by the Public Works Department, emphasized that once a date of birth is recorded in the service book, it cannot be altered except for typographical errors, as per the M.P. Financial Code. Justice Awasthi noted that Mr. Panna had signed various documents throughout his career confirming the recorded date of birth, thereby barring him from claiming a different retirement date post-superannuation. The court found the documents presented by Mr. Panna to be an afterthought aimed at extending his service tenure beyond the legally stipulated retirement age.

The ruling reflects the court's reliance on a precedent set by the case of Chintaram v. State of M.P., where it was held that employees cannot alter their retirement date at the end of their career. The judgment reinforces the importance of adhering to established records and discourages post-retirement changes that might disrupt administrative consistency and legal integrity.

Consequently, the High Court allowed the petition from the Public Works Department, setting aside the Labour Court's order and effectively denying Mr. Panna's plea for continued employment based on the altered date of birth.

Bottom Line:

Alteration of date of birth after retirement is not permissible. Employees cannot seek change in date of birth at the end of their service tenure.

Statutory provision(s):  Industrial Dispute Act, 1947 Section 33(c)(2), M.P. Financial Code Rule 84-85, Article 227 of the Constitution of India

Public Works Department v. Panna, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2794365