IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 15721 of 2006(V) --------------------------------------- PETITIONER: ------------------- P.K.AYYAPPAN PILLAI, S/O. LATE GOVINDAN PILLAI, AGED 59, PULINCHOTTIL HOUSE, POONKUNNAM P.O., SITARAM MILL LANE, THRISSUR DIST., THRISSUR-680 002. BY ADV. SRI.P.GOPINATH. RESPONDENTS: ----------------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, KERALA, TRIVANDRUM. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, 36/3685A, BHAVISHYA NIDHI BHAVAN, P.B.NO.1895, KALOOR, KOCHI-17. 3. M/S. SITARAM TEXTILES LTD., POONKUNNAM, TRICHUR-2, REP. BY ITS MANAGING DIRECTOR. BY ADV.SMT.T.N.GIRIJA, SC, P.F. - R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15721/2006-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE EXTRACT FROM THE ADMISSION REGISTER OF THE GOVERNMENT HIGH SCHOOL, CHENGAMANAD DTD. 29/01/1971. EXT.P.2: COPY OF THE LETTER DTD. 01/12/2005 ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.3: COPY OF THE LETTER DTD. 16/12/2005 ISSUED BY THE R.3. EXT.P.4: COPY OF THE LETTER DTD. 16/02/2006 ISSUED BY THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 15721 OF 2006 --------------------------------------- Dated this the 20th day of June, 2008. J U D G M E N T Petitioner is aggrieved since he is not granted the benefit of date of birth as entered in the records of the third respondent- company. The stand taken by the second respondent is that as per their records date of birth of the petitioner is 01.12.1948. Now that the employer has given the correct date of birth of the petitioner as 04.02.1947, the second respondent cannot refuse to act on the certificate kept by the employer. 2. Therefore, there will be a direction to the respondents 1 and 2 to act on the date of birth as entered by the employer- third respondent in their service records namely, 04.02.1947 and take appropriate action in accordance with law in the matter of disbursement of pensionary benefits within a period of three months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 15721 OF 2006 J U D G M E N T 20.06.2008