General Manager, M/s Barsua Iron Ore Mines Vs Vice President United Mines Mazdoor Union And Ors. (Supreme Court of India)
The application for change of date of birth can be rejected on the ground of delay, particularly, when it is made at fag end of the service.
The respondent no. 3 was employed as a piece rated mazdoor at Barsua Iron Ore mines under Rourkela steel plant, a unit of Hindustan Steel Limited, which later merged into Steel Authority of India. While joining as a piece rated mazdoor the respondent no. 3 declared his age as 24 years, however, he did not provide any documentary proof of date of birth. Based on verbal declaration, his date of birth was recorded as 27-12-1948 and this date was accepted and signed by the respondent no. 3. On 14-08-1982 the respondent no 3 changed his date of birth from 27-12-1948 to 12-03-1955 by submitting the prescribed form of ‘descriptive roll’ without providing any documentary evidence. Said change was affected by the appellant without any scrutiny.
On 24-11-1998 when respondent no. 3 was insisted to provide documentary proof, school transfer certificate was submitted. As per the school transfer certificate, his age at the time of taking up employment with the appellant is 17 years 1 month which is less than the qualified age of 18 years to take up the employment.
