Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Voluntary Retirement Scheme – Date of Birth – Appellant-employee questioned validity of an order of respondent- employer treating his date of birth as 21st September 1945 – 21 st September 1949 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Voluntary Retirement Scheme – Date of Birth – Appellant-employee questioned validity of an order of respondentemployer treating his date of birth as 21st September 1945 – 21st September 1949 was recorded as appellant’s date of birth in his “Service Books” whereas the statutory form, namely, “Form B”, reflected it as 21st September 1945 – Date of birth was relevant for computation of benefits accruing from Voluntary Retirement Scheme (VRS), for which appellant applied and was granted – Appellant’s stand was that his date of birth was 21st September, 1949 and thus, his financial benefits from VRS should have been higher – Contention of respondent-employer that in service books there was error in recording the age of appellant, which had been subsequently corrected – Writ jurisdiction of High Court invoked by appellant was unsuccessful – On appeal, held: This is a case where respondent employer altered the records at the end of the career of appellant to his detriment on taking unilateral decision that the date of birth specified in appellant’s service book was erroneous, relying on a date disclosed in a statutory form – Version of respondent-employer that service book recordal was a mistake cannot be accepted – Respondent, a public sector unit is expected to act with certain element of responsibility in maintaining the service records of their workmen and to ensure uniformity in particulars concerning individual employees – There is no explanation as to how this mistake occurred and how pay slips continued to be issued carrying the mistaken date of birth for a long time – Further, appellant’s complaint over the dispute was not belated so as to non-suit him on this count alone – VRS benefit is an entitlement and assumes the character of property to the employee once application is accepted – Action of respondent-employer lacked in authority of law on two counts – First, it failed for not adhering to the principles of natural justice – The decision not to follow the service book recordal was taken without giving an opportunity of hearing to appellant – Moreover, since in the own records of respondent-employer two dates were shown, under normal circumstances it would have been incumbent on their part to undertake an exercise on application of mind to determine in which of these two records the mistake had crept in – Respondent-employer proceeded on basis of age of the appellant reflected in his service book during the latter’s service tenure and cannot be permitted to fall back on Form “B” which would curtail the VRS benefit of the appellant – Respondents directed to extend benefits of VRS to appellant treating his date of birth as 21st September 1949. |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2022 INSC 449 |
Petitioner | Shankar Lal |
Respondent | Hindustan Copper Ltd. & Ors |
SCR | [2022] 5 S.C.R. 704 |
Judgement Date | 2022-04-20 |
Case Number | 2858 |
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