GUGULOD RAVOJI Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The petitioner was employed as Mazdoor on 1.4.1975, by the second respondent. 5 years thereafter, he was promoted as a Hoist Helper, and thereafter, as Blinker Helper. By November 2003, he was working as Charging Helper. Through proceedings dated 25.11.2003, the petitioner was informed that he attains the age of superannuation of 58 years on 25.11.2004, and accordingly, he was retired from service on 25.11.2004. The petitioner states that he objected to the said course of action, and made a representation, disputing the version of the respondent. It is alleged that the elder brother of the petitioner is employed in the second respondent itself and that he is due to retire on 28.1.2006, on attaining the age of superannuation.

(2.) The petitioner was retired from service, with effect from 25.11.2004. He submitted his claim to the first respondent, for payment of the Provident Fund that remained to his credit. Vide his reply dated 12.1.2005, the first respondent returned the claim of the petitioner, stating that according to the information furnished to them in Form No.16-D by the second respondent, the date of birth of the petitioner is 1.1.1958, and since he is yet to attain the age of superannuation, he must submit the claim in Form No.10-C, and not in Form No.10-D. Petitioner states that he came to know about the exact date of birth entry in the official records, only through the proceedings dated 12.1.2005, issued by the first respondent, and in that view of the matter, he is entitled to remain in service, till he attains the age of 58 years, treating his date of birth as 1.1.1958.

(3.) First respondent filed a counter- affidavit stating that the second respondent submitted the particulars of date of birth of the petitioner in Form No.8, as 1.1.1958, and as such, the petitioner cannot claim the Provident Fund, by submitting Form Nos.10-D and 19. It is stated that the petitioner has to be treated, as having left the service before the age of superannuation, and even such a claim can be entertained, if only he attains the age of 50 years, i.e. after 1.1.2008, and not earlier thereto. It is pleaded that an application for this purpose, is to be in Form No.10-C.