V.Manokaran v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.06.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA V.Manokaran ... Petitioner Vs.
1.The Secretary Labour and Employment Department Government of Tamil Nadu Secretariat, Chennai - 600 005.
2.The Labour Commissioner Office of the Labour Commissionerate 259, DMS Campus, Anna Salai, Teynampet Chennai - 600 005.
3.The District Collector Collector Office, I Floor Thiruvallur District Thiruvallur - 601 102.
4.Employees Provident Fund Regional Officer Regional P.F. Commissioner for Chennai No.37, Royapettah High Road Azad Nagar, Royapettah, Chennai - 600 014.
5.Pennar Industries Limited, Chennai Patta No.452, 90 Periyapalayam Main Road 1/7
Kannigaipar Village, Uttukkotai Taluk Thiruvallur District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to consider the petitioner's representation dated 30.04.2025 and asking the respondent to correct the date of birth as 10.01.1993 instead of 10.02.1963 in the Provident Fund account and to restore the petitioner's employment as a Junior staff-Driller in the fifth respondent company.
For Petitioner : Ms.K.Indumathy Venkatesh For Respondents : Mr.A.N.Purushotham Special Government Pleader [R1 to R3]
ORDER
The present writ petition has been filed seeking a mandamus to the respondents 1 to 4 herein to consider the petitioner's representation dated 30.04.2025 with regard to the correction of his date of birth in the Provident Fund Account and also to restore him as Junior Staff-1 in the fifth respondent-company.
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2. The case of the petitioner is that he joined the fifth respondentcompany on 29.10.2014 as Junior Staff-1 in the Production and Drilling Department. To his shock and surprise, he was terminated by the fifth respondent, in the month of February 2025, alleging that he had attained the age of superannuation. On verification, it came to his knowledge that as per the records of the Provident Fund Office, his date of birth was recorded as 10.02.1963. But according to the petitioner, his correct date of birth is 10.01.1993, which is evident from the records of Ellapuram Panchayat School, Tiruvallur District, where he had studied upto 5th standard. Immediately, the petitioner had approached the Provident Fund Office along with his school certificate so as to enable the authorities concerned to correct the wrong entries made in the records.
Unfortunately, his efforts had failed. Thereafter, the petitioner had submitted his representation dated 30.04.2025 to the respondents to correct his date of birth as 10.01.1993 instead of 10.02.1963 in the records of the Provident Fund Office. But no action was taken by the authorities to date, hence, the present writ petition.
3. The petitioner has also admitted that his date of birth shown in the Aadhar Card as well as the Identity Card issued by the fifth respondent also bear the wrong of date of birth. According to him, his correct date of birth is on 10.01.1993, which is evident only from the school records produced by him. He also pleaded that he is suffering from monetary loss on account of his termination and therefore he seeks to restore him as a Junior Staff-1 in the fifth respondentcompany.
4. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3.
5. Considering the limited scope of prayer made by the petitioner, a mandamus is issued to the fourth respondent to dispose of the petitioner's representation dated 30.06.2025 seeking to rectify the errors crept in the records of the Office of Provident Fund relating to his date of birth, in the manner known to law, after holding necessary enquiries with the petitioner with the assistance of the employer, the 4/7
fifth respondent herein if required, within a period of two weeks from the date of receipt of a copy of this order. The fifth respondentcompany upon confirmation from the fourth respondent, shall restore the petitioner back to the position which he was holding at the time of termination.
6. With the above directions, the writ petition stands allowed. No costs.
30.06.2025 Index : Yes / No ds 5/7
To:
1.The Secretary Labour and Employment Department Government of Tamil Nadu Secretariat, Chennai - 600 005.
2.The Labour Commissioner Office of the Labour Commissionerate 259, DMS Campus, Anna Salai, Teynampet Chennai - 600 005.
3.The District Collector Collector Office, I Floor Thiruvallur District Thiruvallur - 601 102.
4.Employees Provident Fund Regional Officer Regional P.F. Commissioner for Chennai No.37, Royapettah High Road Azad Nagar, Royapettah, Chennai - 600 014.
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P.T. ASHA, J, ds 30.06.2025 7/7