Correction of Date of Birth
Respected Sirs/Madams,
My Mother works at Western Coalfields Limited ( A PSU of Coal India) as a Bus Conductor.At the time of joining of service in 1991 my mother' s designation was General Mazdoor.My mother got service after my father's death on compassionate ground.My mother is illiterate.At the time of joining,Date of Birth of my mother was entered as 16/03/1958 in service book record by an office clerk taken orally without any supporting document.As I said my mother is illiterate so,the all joining related documentation was done by some other known person,my mother only signed it by thumb impression without understanding what is written in that whole documents,not a single person read it before my mother.And during joining a pre employment medical examination of my mother is done by company,in that medical certificate,my mother's age was quoted as 23 years old as on date 19/03/1991 only on the basis of medical examination,without any supporting age related documents and signed by a medical superintendent,according to this my mother's DOB comes as 16/03/1968,which is the Right DOB. My mother is illiterate so,she had not aware of anything that was written in that documents and she just signed it all documents without knowing the matter.Now,after the whole thing is done,this matter of discrepancy comes into limelight in year 2007,when I have needed my mother's service book record for making of my Domicile certificate.I was very shocked by knowing this 10 years age difference in my mother's service book.Then,I have told my mother all this things and decided to take this matter in systematic way for the correction in date of birth.First of all,we approached to CITU ( WCL worker's union),they represented this matter before Management board on the behalf of my mother,various meetings were happened for the solution of this matter from 2007 to 2011.They demanded the 10 th TC as a age proof but as I said my mother is illiterate so,she had not any educational docs and all DOB records of local Gram Panchayat has lost due to fire broken some years ago,so we have not any age related documents except company's pre employment medical certificate and My Date of Birth certificate in which my mother's correct DOB was quoted as 16/03/1968 not 16/03/1958 which was wrong.So,because of not having any other strong document company management gave negative judgement in this case in year 2012.Now,we have decided to approach High Court and then we have filed a case against company in year 2013 at Nagpur bench of Bombay High Court through an Advocate.We have presented a pre employment medical certificate and My DOB certificate as a supporting docs for correction in mother's DOB.After 6 months of so many hearings court gave a order to us to go with this case and adviced us to file this case in competent forum.So,now from this a new Journey began and we have taken this case to the Tahsil Court through an advocate in year 2014 and now the case is getting hearing dates from that time to uptill yet without any orders or judgements and we are very much in tension because my mother is going to be retire in March,2018 according to wrongly quoted DOB in service record.Now,the point of questions are:-
1) Is there any another method to prove my mother' s correct DOB when not having any strong age related documents like Birth Certificate??
2) Is there any medical examination which can prove my mother's correct DOB in this age of 49 years ( according to us)??
3) Is The Tahsil Court has power to give judgement against PSU in the matter of correction of DOB,when one of the unit of this company comes under the same Tahsil place where a worker is employed.
4) Or the Labour court has only power to hear such labour related issues specially in this case??
Please,guide me in this whole matter,now what can I do in this short time before retirement date comes which was proposed in 2018.Is there any chances of getting favourable results or judgement on our side.please give your advice as an earliest possible.
Thank You.
Asked 7 years ago in Labour
Now,some questions arises in my mind after reading suggestions.Please clarify it:-
1) According to medical theory,Ossification or bone test of a person can be done upto the age of 25 yrs....and my mother is now around 49-50 yrs old...so now question is,in my mother' s case Ossification is valid?? Or is there any other medical exam for age determination at this age?
2) Is writ petition to obtain order from court for ossification test or medical test can be filed in lower civil court at tehsil level where I have filed my case??
3) Is there any Judgements regarding correction of date of birth when not having any documents in favour of illiterate employees.....please share it or give link from where I can refer it.
Thank You.
Asked 7 years ago
