Bengaluru (PTI): The Karnataka High Court has ruled that an employee cannot change the recorded date of birth after retirement.
The case involved a man who worked at a pulp drawing processor manufacturing unit from 1983 until he retired in 2006. When he was hired, he verbally gave his date of birth as March 30, 1952, but didn't provide any proof.
The employer, however, recorded his date of birth as March 10, 1948, based on his provident fund details and a school certificate. This meant he retired at 58 in 2006.
After retirement, the man obtained a birth certificate showing March 30, 1952, as his date of birth. He then asked to be reinstated or be eligible to receive benefits up to 2010, arguing he should have retired four years later.
The employer rejected his request, saying the recorded date was correct and that he had already accepted his retirement benefits without raising any issues.
The man first took his case to the Labour Court, which dismissed it. He then appealed to the High Court.
Justice M G S Kamal, who heard the case, noted that the man questioned his date of birth two years after retiring, which cast doubt on his claim.
The court also cited a Supreme Court ruling that prevents changing a date of birth after retirement, especially if the employee had a chance to correct it earlier but didn't.
The court found that the recorded date of birth in the provident fund, which matched the man's school records, was final.
Since the man did not dispute his retirement at the time and accepted his benefits, the court ruled that his claim was an attempt to gain an unfair advantage.
The court dismissed the petition, stating that an employee cannot seek to change date of birth after a significant amount of time has passed, especially post-retirement.
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Guwahati (PTI): A voter turnout of 17.87 per cent was recorded in the first two hours of the assembly elections in Assam, where the BJP-led NDA is seeking a third consecutive term in power, while the Congress is striving to reclaim a state it lost a decade ago.
Polling began at 7 am for the 126-member assembly, and 17.87 per cent of the state's 2.5 crore voters exercised their franchise till 9 am, officials said.
A total of 722 candidates are in the fray for the elections, which is largely witnessing a direct contest between the BJP-led ruling coalition and the opposition bloc helmed by the Congress.
The river island of Majuli recorded the highest turnout in the first two hours at 20.03 per cent, while Tamulpur in the Bodoland Territorial Region witnessed the lowest at 15.32 per cent.
Voters began queuing outside polling booths since early morning, despite rain in many parts of the state.
Prominent candidates who have cast their votes so far include Leader of the Opposition Debabrata Saikia in Nazira, Assam Jatiya Parishad president Lurinjyoti Gogoi in Khowang, and BJP's Pradyut Bordoloi.
Votes are being cast at 31,490 polling stations across the 35 districts of the state, with polling concluding at 5 pm.
Among the heavyweight candidates whose fates would be decided in this election are Chief Minister Himanta Biswa Sarma, state Congress president Gaurav Gogoi, AIUDF chief Badruddin Ajmal and Raijor Dal leader Akhil Gogoi.
The Congress has fielded the highest number of candidates at 99, followed by the BJP with 90. The AIUDF has 30 candidates, while NDA constituents Asom Gana Parishad (AGP) and Bodoland People's Front (BPF) are contesting 26 and 11 seats, respectively.
In the opposition bloc, Raijor Dal is contesting 13 seats, Assam Jatiya Parishad (AJP) 10, CPI(M) 3 and APHLC 2. Other parties in the fray include AAP (18), UPPL (18), TMC (22), JMM (16), besides 258 Independents.
Algapur-Katlicherra and Karimganj South have the highest number of candidates at 15 each, while nine constituencies -- Rangia, Jagiroad (SC), Hojai, Naduar, Jonai (ST), Doomdooma, Mahmora, Teok and Lakhipur -- have only two candidates each.
