IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 9292 of 2005(F) ------------------------------------- PETITIONER: ------------------- DEVAKI, WIFE OF PRABHAKARAN, MEPPILLI HOUSE, MOORKKINAKKARA, CHERUPARAMBU, P.O.KOZHUKKULLI, THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN. RESPONDENTS: ------------------------ 1. EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-17, REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER. 2. VIJAYALAKSHMI CASHEW COMPANY, KUTTANELLOOR P.O., KUTANELLOOR, THRISSUR, REPRESENTED BY ITS MANAGER. R1 BY SRI.N.N. SUGUNAPALAN, SENIOR ADVOCATE, SRI.S.GOPAKUMARAN NAIR, S.C, ADV. SRI.S.SUJIN, R2 BY ADVS. SRI.E.K.MADHAVAN, SMT.P.VIJAYAMMA, SRI.DEVIDAS.U.K, SRI.V.KRISHNA MENON. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9292/2005-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE EXTRACT OF ADMISSION REGISTER OF SUPS, KOZHUKKULLY. EXT.P.2: COPY OF THE MEMORANDUM OF SETTLEMENT BETWEEN THE PETITIONER AND THE R.2. DTD. 12/03/2004. EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE R.1. DTD. 12/06/2002. EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE R.2. DTD. 12/06/2002. EXT.P.5: COPY OF THE COMMUNICATION FROM THE R.1. TO THE PETITONER DTD. 22/05/2003. EXT.P.6: COPY OF THE COMMUNICATION SANCTIONING MONTHLY PENSION TO THE PETITIONER ISSUED BY THE R.1. TO THE PETITIONER DTD. 09/08/2004. EXT.P.7: COPY OF THE COMMUNICATION FROM THE R.1. TO THE PETITIONER DTD. 05/10/2004. EXT.P.8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE R.1. DT.16/11/2004. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE NOMINATION ISSUED BY R.1. DTD. 11/12/1997. EXT.R1.B: COPY OF THE GUIDELINE ISSUED BY THE R.1. DTD. 08/01/2002. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 9292 of 2005 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2011 J U D G M E N T The petitioner's service under the 2nd respondent was terminated on 31.12.2001 on the ground that the petitioner had attained the age of superannuation on that date. That was on the basis that the petitioner's date of birth was 1.7.1942. The petitioner raised an industrial dispute, in respect of the same, claiming that her actual date of birth is 27.6.1946. That industrial dispute was settled in a conciliation meeting by the District Labour Officer, Thrissur, by Ext.P2 settlement, in which, the 2nd respondent - employer accepted the petitioner's date of birth as 27.6.1946. Consequently the petitioner was allowed to be superannuated accepting her date of birth as 27.6.1946. Thereafter the petitioner claimed pension under the Employees' Pension Scheme. The petitioner's grievance in this writ petition is that, her pension has been calculated on the basis that her date of birth is 1.7.1942. The petitioner submits that, the petitioner is entitled to have the W.P.(C)No. 9292 of 2005 -2- pension recomputed on the basis of the petitioner's date of birth as 27.6.1946. 2. The 2nd respondent supports the petitioner's case. But the 1st respondent takes the stand that the 1st respondent has not received any documents to prove that the petitioner's date of birth as 27.6.1946. 3. Having heard both sides, I am of opinion that insofar as Ext.P2 conciliation settlement in force, nobody can deny the petitioner the benefits of that settlement. As per that settlement, the employer has accepted the date of birth of the petitioner as 27.6.1946. That being so, the petitioner cannot be denied pension on the basis of that date of birth on the ground that appropriate documents have not been forwarded to the 1st respondent by the 2nd respondent. In fact in Ext.P2 settlement the employer had undertaken to forward documents accepting her date of birth as 27.6.1946 to enable the petitioner to receive P.F. benefits on that basis. In the above circumstances, I dispose of this writ petition with the following directions: W.P.(C)No. 9292 of 2005 -3- The 2nd respondent shall forward to the 1st respondent relevant documents including the copy of Ext.P2, certifying that, on the basis of Ext.P2 settlement the petitioner's date of birth has been corrected as 27.6.1946. On receipt of the same, the 1st respondent shall correct the date of birth of the petitioner in the records of the 1st respondent as 27.6.1946 and revise the pension due to the petitioner, and disburse the arrears due to the petitioner. The 2nd respondent shall forward the documents to the 1st respondent within two weeks from today. The 1st respondent shall consider the same and revise the pension and disburse the arrears to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of the intimation from the 2nd respondent. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/