Summary
An employee who obtained employment on his own declared age could not later secure extended service through a different birth date that would have made him underage at entry. The delayed alternative declaration and still later production of school evidence did not justify correction as of right, and estoppel applied. The employer’s original-date retirement decision was upheld; the Tribunal award and High Court judgment, including 50% back wages for the claimed additional period, were set aside.
Issues
- Whether the employee could replace the birth date used to obtain employment with one making him underage at entry.
- Whether delayed documentary support overcame estoppel and service-record correction principles.
- What relief followed concerning retirement, back wages and deposits.
Held
- The employee initially declared his age as twenty-four without documents and accepted the recorded 27 December 1948 birth date. He later asserted 12 March 1955, but furnished the school transfer certificate only after the employer requested documentary proof many years later. The later date would have made him below the minimum employment age at entry. (¶¶ 4, 5, 6, 7, 16, 17)
- Having obtained employment through the earlier age declaration, he could not claim the inconsistent advantage of a younger date to extend service. Estoppel and his delayed, unsupported change request justified using the original date for employment purposes irrespective of his actual birth date. (¶¶ 17, 18, 19, 21)
- Birth-date correction must comply with applicable provisions and cannot be demanded as of right even on cogent evidence. Delay and laches may justify rejection, particularly toward retirement. The Court mentioned the conduct’s possible fraud aspect but expressly found no need for deeper examination of it. (¶ 20)
- The appeal was allowed, the CGIT award and High Court judgment set aside, and retirement based on 27 December 1948 upheld. The 50% back-wage direction for the additional claimed service period was also set aside. The employer’s deposit and accrued interest were to be released back to it; pending applications closed without costs. (¶¶ 21, 22, 23)
Result
Employer’s appeal allowed; Tribunal award and High Court judgment set aside. Original-date retirement upheld and additional-period back wages cancelled. Deposit with accrued interest to be returned to employer; applications closed, no costs.