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Employee cannot seek a change in date of birth after significant delay: Karnataka HC

Case Law Details

TaxGuru Citation
2024 taxguru.in 4200
Case Name
Guddappa Ningappa Kolaji Vs Management of Grasim Industries (Karnataka High Court)
Date of Judgement/Order
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Guddappa Ningappa Kolaji Vs Management of Grasim Industries (Karnataka High Court)

In Guddappa Ningappa Kolaji vs. Management of Grasim Industries, the Karnataka High Court reviewed a case where the petitioner challenged the rejection of his application for adjusting his retirement date based on a newly obtained birth certificate. Originally appointed on October 1, 1983, Kolaji claimed his birth date was March 30, 1952, and sought to extend his retirement to March 30, 2010. However, records showed he had declared his birth date as March 10, 1948, which was consistently used in official documents, including Provident Fund records. The Labour Court had rejected Kolaji’s claim, citing the conclusive nature of the provided date and his acceptance of retirement benefits without dispute. The Karnataka High Court upheld the Labour Court’s decision, referencing a similar Supreme Court ruling that denied altering a date of birth after significant delay and prior acceptance of records. The court ruled against the petitioner’s request, affirming that changes to retirement dates based on newly acquired documents post-retirement are not permissible if previous records were accepted without objection. Also Read: Employer cannot dispute date of birth of employee at fag end of his service: SC

FULL TEXT OF THE JUDGMENT/ORDER OF KARNATAKA HIGH COURT

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,762

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