Handling a Date of Birth Dispute: How Should We Address This Employee's Request?

In our factory, a workman has requested a change in his date of birth in our records. He has produced his school leaving certificate and PAN card. However, at the time of getting employment (about fifteen years ago), he filled in the date of birth in the employment form of the company, and his application for the job also contains the date of birth, which he now wants to correct by postponing it by 2 years. Unfortunately, his documents were unverified at the time of joining us.

What Should Be Our Course of Action?

Please suggest.

Change of Date of Birth in Service Records

Changing the date of birth at a later stage in services has many legal and operational implications. There are several judgments on this issue. Recently, court precedents have not favored entertaining any such application at the end of the services.

Because the date of birth (DOB) is entered in the service record based on the employee's statement, it cannot be unilaterally changed at the employee's will, except as permitted by service conditions or relevant rules. Considerations for a change in the date of birth may vary, and the employer is entitled to assess it not only in terms of a genuine mistake but also regarding how a later DOB entry would affect entitlement to join based on the minimum age requirement, potentially impacting promotions for juniors.

A thorough examination of the case, the documents, and the rules/manual of your company is necessary.

Regards,
Shailesh Parikh

Vadodara, Gujarat
[Phone Number Removed For Privacy Reasons]