LexEMPLOYER IN RELATION TO MANAGEMENT OF KATRAS AREA OF M/S BHARAT COKING COAL LIMITED, DHANBAD versus WORKMAN-SHAHDEO DAS
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[2025] 8 S.C.R. 1481 : 2025 INSC 1011 Employer in Relation to Management of Katras Area of M/s Bharat Coking Coal Limited, Dhanbad v. Workman-Shahdeo Das (Civil Appeal No. 2776 of 2025) 13 August 2025 [Vikram Nath and Sandeep Mehta, JJ.] Issue for Consideration Issue arose as regards entertaining a claim for correction of date of birth in the service record after a delay of 25 years. Headnotes† Industrial dispute – Date of birth – Claim for correction of date of birth in the service record after a delay of 25 years by the workman – Permissibility – Award by the Industrial Tribunal permitted the change in date of birth of the respondent- workman in the service record, after 25 years of joining service, from 1960 to 1972, based on a Transfer/School Leaving Certificate issued in 2015 – Award set aside by the Single Judge of the High Court, however upheld by the Division Bench – Correctness: Held: Claim for correction of date of birth after a delay of 25 years, ought not to be entertained – Order of the Single Judge upheld – Division Bench apparently got swayed by the fact that in writ jurisdiction, the High Court ought not to have interfered with the finding of the tribunal which was based upon appreciation of evidence, and that the School Leaving Certificate/Transfer Certificate was not challenged by the appellant-employer – Fact about the family and dependents in service records not denied or disputed by the respondent – If the claim of the respondent is accepted, he would be only 18 years of age at the time of entering into the service and almost impossible to have a wife aged 24 years and four daughters aged between 6 months to 6 years. 12 – Also there is signature of the respondent on the service book bearing year 1992 – Once he had the knowledge, he ought to have applied for correction in the very beginning – If the respondent had actually studied in matriculation and there was a Transfer Certificate/School Leaving Certificate of 1987, the same ought to 1482 [2025] 8 S.C.R. Supreme Court Reports have been filed either at the time of joining or at any time soon thereafter – Certificate relied upon has been issued nearly 28 years after leaving the school which should have been considered by the tribunal as well as the Division Bench – Furthermore, no evidence on record to show that an incorrect date had been recorded due to negligence of some other person – Thus, the impugned judgment of the Division Bench set aside. [Paras 9-13] Case Law Cited Bharat Coking Coal Limited & Others v. Shyam Kishore Singh [2020] 2 SCR 597 : (2020) 3 SCC 411; Factory Manager, Kirloskar Brothers Limited v. Laxman (2020) 3 SCC 419; State of Madhya Pradesh v. Premlal Shrivas [2011] 11 SCR 444 : (2011) 9 SCC 664 – referred to. List of Keywords Correction of date of birth; Delay of 25 years; Central Government Industrial Tribunal; Change in date of birth; Transfer/School Leaving Certificate; Writ jurisdiction; Family and dependents in service records; Service book; Incorrect date; Negligence. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2776 of 2025 From the Judgment and Order dated 06-09-2023 of the High Court of Jharkhand At Ranchi in LPA No. 25 of 2022 Appearances for Parties Advs. for the Appellant: Anupam Lal Das, Sr. Adv., Parijat Kishore, Ms. Mudita Arora, Anirudh Singh, Aryan Sharma. Advs. for the Respondent: Rajan Raj, Ms. Mohini Priya. Judgment / Order of the Supreme Court Order 1. The employer is the appellant and assails the correctness of the judgment and order dated 06.09.2023 passed by the Division Bench [2025] 8 S.C.R. 1483 Employer in Relation to Management of Katras Area of M/s Bharat Coking Coal Limited, Dhanbad v. Workman-Shahdeo Das of the High Court of Jharkhand at Ranchi in LPA No. 25 of 2022, titled as Workman-Shahdeo Das vs. Employer in relation to Management of Katras Area of M/s Bharat Coking Coal Limited, Dhanbad, whereby the appeal was allowed, the order of the Single Judge was set aside and the award of the Central Government Industrial Tribunal No.1, Dhanbad1 dated 30.09.2020 was restored. By the said award, CGIT had allowed the reference and permitted the change in date of birth of the respondent from 18.09.1960 to 05.01.1972, apparently based on a Transfer/School Leaving Certificate issued in 2015. 2. The respondent joined the services of the appellant with effect from 24.09.1990. In the service book, the date of birth was recor
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