IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 OP.No. 18307 of 1998(D) --------------------------------- PETITIONER: ------------------- THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUNDS, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENTS: ------------------------ 1. KANNAN, THOTTIKKARA CHARUVIL, EAST KALLADA, KOLLAM. (DIED) 2. THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM. 3. THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, THIRUVANANTHAPURAM. ADDL. 4. SMT.KUTTY, W/O.LATE KANNAN, THOTTIKKARA CHARUVIL, EAST KALLADA, KOLLAM. (ADDL.4TH RESPONDENT IS IMPLEADED AS PER ORDER IN I.A.NO.9073/2006 DATED 30.6.2006) ADV. SRI.B.SURESH KUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.32293/1998 IN O.P.NO.18307 OF 1998-D DISMISSED 2.3.2009 SD/- S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF HE COMPLAITN FILED BY THE 1ST RESPONDENT DATED 7.7.1997 EXT.P2 TRUE COPY OF THE OBJECTION PREFERRED BY THE PETITIONER BEFORE THE DISTRICT FORUM EXT.P3 TRUE COPY OF THE ORDER OF THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM DT.26.12.1997 IN O.P. (O) 449/97 EXT.P4 TRUE COPY OF THE JUDGMENT IN REVISION OF THE NATIONAL FORUM NEW DELHI (REVISION NO.238/94 DT.30.1.1996) EXT.P5 TRUE COPY OF THE ORDER OF THE SUPREME COURT OF INDIA IN SPL. LEAVE (CIVIL) NO.12688/96 DT. 11.7.1996 EXT.P6 TRUE COPY OF THE NOTICE ISSUED BY THE GOVERNMENT OF KERALA TO THE BOARD DT.2.9.1998 EXT.P7 TRUE COPY OF FORM NO.2 RELATING TO THE 1ST RESPONDENT EXT.P8 TRUE COPY OF THE RELEVANT EXTRACT OF FORM NO.9 FURNISHED BY THE EMPLOYER / TRUE COPY / S.SIRI JAGAN, J. ------------------------------------------- O.P.No.18307 of 1998-D ------------------------------------------- Dated, this the 2nd day of March, 2009 JUDGMENT The question involved in this writ petition is regarding the correction of date of birth of the first respondent for the purpose of eligibility for benefit under the provisions of the Employees' Pension Scheme, 1995. The first respondent approached the Consumer Disputes Redressal Forum which resulted in Ext.P3 order in his favour directing correction of date of birth and grant of benefits under the Scheme. The revision before the National Consumer Disputes Redressal Commission resulted in Ext.P4 order of dismissal. Since the petitioner did not comply with the direction in Exts.P4 and P5, penalty notice Ext.P6 was also issued to the petitioner. Petitioner, the Regional Provident Fund Commissioner, challenges Exts.P4, P5 and P6. According to the petitioner as per the records of the Provident Fund Organisation, the date of birth of the first respondent is 20.11.1932 and the eligibility of the first respondent has to be decided on the basis of that date of birth. But the Consumer Disputes Redressal Forum State Commission found that the year of birth of the first respondent as per the records of the O.P.No.18307 of 1998 2 employer has to be accepted as the correct one which is 1934, which was ultimately confirmed by the National Commission which are under challenge in this original petition. 2. However, it is admitted by the learned counsel for the petitioner that the issue involved in this original petition is covered against the petitioner by the decision of the Supreme Court reported in Regional Provident Fund Commissioner v. Bhavani [(2008) 7 SCC 111] wherein it was held that the date of birth for computing the date of superannuation is as per the entries in the records of the employer and not the entries in the records of the Regional Provident Fund Commissioner. In the above circumstances, following that decision, this original petition is dismissed. S.SIRI JAGAN, JUDGE vns