Friday, October 29, 2021

The Court held that the employee was not entitled to change of date of birth on the ground of delay, as the request was made after the lapse of 24 years since he joined service.: Supreme Court

Change of date of birth of State employee cannot be claimed as a right.

The employee's suit in the trial court seeking change in his date of birth was dismissed as it was found to be in contravention of the 1974 Act. In appeal, the High Court allowed the request of the employee, while observing that the Act of 1974 and other allied laws were not brought to the notice of the employee. The corporation then moved an appeal before the Supreme Court against this order.

The Supreme Court noted that the observation of the High Court that the corporation should have brought the law relating to the change of date of birth to the notice of the employee is bad in law and cannot be accepted.

"Being the employee of the corporation, he was supposed to know the rules and regulations applicable to the employees of the corporation. Ignorance of law cannot be an excuse to get out of the applicability of the statutory provisions," the Supreme Court observed.

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