Indore High Court Rejects Plea To Change Date Of Birth Before Retirement

The Indore Bench of Madhya Pradesh High Court has dismissed a writ appeal filed by a retired gangman seeking to change his recorded date of birth nearly 38 years after joining service.

The employee, Panna, was appointed as a gangman on March 1, 1978, and his date of birth was recorded in the service book as October 1, 1954.

Just before his scheduled retirement in 2016, he claimed that his actual date of birth was June 3, 1959, and sought continuation in service till attaining the age of superannuation.

A division bench comprising Justice Subodh Abhyankar and Justice Jai Kumar Pillai upheld an earlier order of a single judge, which had set aside a labour court award granting relief to the employee.

The labour court had stayed his retirement in 2016 and, in August 2018, directed the State to continue him in service with back wages.

However, the single judge later quashed the award, holding that the employee could not seek alteration of his date of birth at the end of his service career.

Before the division bench, Panna relied on a primary school certificate to establish his claimed date of birth and argued that the service records were unreliable because the original service book had not been produced.

Rejecting the appeal, the HC observed that the employee had signed service documents reflecting his recorded date of birth throughout his nearly 38-year service and raised the dispute only months before retirement.

In a separate case, the HC has ruled that the State cannot invoke the principle of 'no work, no pay' to deny salary to an employee who was kept out of service because of an illegal retirement order.

The court upheld an earlier order directing payment of salary for the period during which the employee was wrongfully prevented from working.

A division bench comprising Justice Subodh Abhyankar and Justice Jai Kumar Pillai affirmed the order of a single judge directing the State to pay Ram Kumar Sharma his salary for the period between May 31, 2015, and November 5, 2016, along with interest at 6% if the payment is not made within the stipulated time.

The Indore High Court's decisions have significant implications for employees in similar situations, highlighting the importance of timely dispute resolution and the need for reliable service records.

The court's ruling on the payment of salary for the period during which an employee was wrongfully prevented from working also underscores the principle of fairness and justice in employment matters.

In conclusion, the Indore High Court's decisions demonstrate a commitment to upholding the law and protecting the rights of employees, while also emphasizing the need for employees to raise disputes in a timely manner and to maintain accurate service records.