IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 33929 of 2008(L) -------------------------- PETITIONER: --------------- K.M.PAULOSE, AGED 55, S/O.MATHEW, KAVUTTY VEEDU, KALLUR P.O., PALATHUPARAMBU, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT. LABOUR DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT LABOUR OFFICER, THRISSUR. 3. THE ALAGAPPA TEXTILES, REP. BY ITS GENERAL MANAGER, ALAGAPPA NAGAR, THRISSUR. 4. THE NATIONAL TEXTILE CORPORATION, THE SOUTHERN REGION, REPRESENTED BY ITS GENERAL MANAGER, COIMBATORE, TAMILNADU. BY GOVT. PLEADER SHRI.P.N.SANTHOSH ADV. SRI.E.K.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.33929 of 2008 -------------------------- Dated this the 26th November, 2008 J U D G M E N T Petitioner, who is an employee of the 3rd respondent which is now stated to have been taken over by the 4th respondent, is aggrieved by the refusal on the part of the Management to accept the request made for correction of his date of birth. He submits that the date of birth given by him in official records is 8.12.1950 Whereas the actual date of birth is 20.5.1953. He has therefore sought for correction of his date of birth in service records. Exhibit P3 representation submitted by him in this regard has not been responded to. 2. Learned counsel appearing for the 4th respondent submits that there is an industrial dispute currently pending before the competent Labour Court at the instance of the Union representing the interests of the workmen of the 3rd respondent company and one of the issues pending adjudication in that behalf relates to W.P ( C) No.33929 of 2008 2 correction of date of birth of six employees. 3. Sri.Krishna Menon, learned counsel appearing for the 4th respondent placed before me a copy of G.O (Rt) No.2601/2008/LBR Dated 6/10/2008 in which one of the issues referred is as follows: “Whether the demand of the trade unions to allow applications from all the six workers for correction of date of birth, worthy of consideration based on the facts and circumstances of each case. “ 4. Mr. Sreekumar also submits that petitioner is one of the six workers who is comprehended by the industrial dispute. 5. If that be so, it would not be appropriate that this Court to issue a separate direction to the management to consider the petitioner’s application for correction of his date of birth. Issue is pending adjudication before the Industrial Tribunal. 6. Learned counsel for the petitioner points out that he is due to retire on 8.12.2008, going by the date of birth as it is currently entered in the service records and he will be prejudiced by the delay which invariably would W.P ( C) No.33929 of 2008 3 occur in the final adjudication of the Industrial Dispute. Learned counsel for the 4th respondent submits that it will be open to the petitioner to move an application for interim relief before the Industrial Tribunal and that in such circumstances, it is open to the Tribunal to pass orders on such interlocutory applications. In the result, the writ petition is disposed of reserving the liberty of the petitioner to approach the Industrial Tribunal, Palakkad with an appropriate application in I.D 64 of 2008 which is pending adjudication before the said Tribunal. (V.GIRI,JUDGE) ma W.P ( C) No.33929 of 2008 4 W.P ( C) No.33929 of 2008 5