- (1.) The appeal is directed against an order of affirmation. The suit filed by an employee of the Eastern Coalfield Ltd to challenge his date of birth in his service records at the fag end of his working career has succeeded.
(2.) Ordinarily, a challenge to the recording of the date of birth in the service book has to be made immediately upon the concerned employee noticing any mistake therein and, that too, within reasonable time of the employee joining the service. It cannot be that the employee continues in service for decades and seeks to challenge the recording of his date of birth upon receiving an intimation as to his date of superannuation.
(3.) Several grounds have been raised by the appellant, including that by reason of the principles of acquiescence and waiver the challenge to the recording of the date of birth could not have been entertained at all. The ground of limitation is also cited.;