IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 39187 of 2003(M)
1. P.M. PONNAMMA, KARIYAMVILA PUTHEN
... Petitioner
Vs
1. THE MANAGING DIRECTOR, KERALA STATE
... Respondent
2. THE MANAGER, K.S.C.D.C. FACTORY,
For Petitioner :SRI.G.BHAGAVAT SINGH
For Respondent :SRI.U.K.RAMAKRISHNAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :03/04/2007
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C).NO.39187 of 2003-M
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Dated this the 3rd day of April, 2007
JUDGMENT
The petitioner was working as Podiyeduppu Mycaud in the factory
owned by the respondents. According to the petitioner, her date of birth is
3.4.1946 and in support of her claim, she has produced Ext.P1 E.S.I. Card.
The dispute arose when Ext.R1(a) was forwarded by the employer to the
Provident Fund Commission, wherein the year of birth was shown as 1943.
The petitioner had put in her signature also in Ext.R1(a).
2. The petitioner approached this court to quash Ext.P2 and for a
direction to the respondents to permit her to continue in srvice till she
attains the age of 60 years. This court as per an interim order dated
18.12.2003, restrained the respondents from terminating the service of the
petitioner on the ground of superannuation, for a period of three months
from 1.1.1004. It was also made clear that during that period the petitioner
shall not be eligible for pension and this interim order was continuing
throughout. The petitioner continued in service upto 31.12.2006. Now
what remains is only her claim for continued payment of pension.
Admittedly the petitioner has worked upto 31.12.2006. The third
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respondent will have to recalculate the pension and other benefits which the
petitioner is entitled to and take appropriate action for disbursement of the
same. For the purpose of calculating the pension and payment of other
benefits, at this stage it is not necessary to go into the controversy whether
her year of birth is 1943 or 1946 and that question is left open. It is a
disputed question of fact which cannot be resolved in a writ petition also.
The third respondent is directed to recalculate the pension payable to the
petitioner and take action to disburse the same within a period of three
months from the date of receipt of a copy of this judgment.
The writ petition is disposed of in the above terms. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/