IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 31035 of 2007(T) -------------------------------------- PETITIONER(S): ------------------------ PALA MARKETING CO.OP.SOCIETY LTD.NO.4214 P.B.NO.33, PALA,KOTTAYAM, REP. BY ITS MANAGING DIRECTOR. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER, OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER BHAVIDHYANIDHI BHAVAN,PATTOM P.O., THIRUVANANTHAPURAM. 2. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, KUNNUMPURAM, CHINMAYA LANE, NEAR AYURVEDA COLLEGE,THIRUVANANTHAPURAM. REP. BY ITS SECRETARY. ADV. SRI.N.N.SUGUNAPALAN (SR.) FOR R1 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1 SRI.P.V.MOHANAN,SC,KST.CO.OP.EMP.PENSION FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008, ALONG WITH WPC. 15981/08, 28689/08 AND 33878/08 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31035/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE STATEMENT ON FEB. 2006. P2:- COPY OF THE STATEMENT ON MARCH 06 TO FEB. 07 BEFORE THE IST RESPONDENT. P3:- COPY OF THE PETITION DT. 3.3.07 AND RESOLUTION DT. 28.2.07 OF THE MANAGING COMMITTEE. P4:- COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT SECRETARY. P5:- COPY OF THE REMINDER DT. 12.7.07 SENT TO THE IST RESPONDENT. P6:- COPY OF THE JUDGMENT DT. 19.7.07 IN WPC. NO.25992/03 OF THIS HONOURABLE COURT. P7:- COPY OF THE JUDGMENT DT. 17.3.04 IN OP. NO.13868/99 OF THIS HONOURABLE COURT. P8:- COPY OF THE JUDGMENT IN WPC. NO.496/05 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE LETTER NO.18430/E2/01/LBR DT. 31.12.03 ISSUED BY THE SECRETARY TO GOVT. LABOUR & REHABILITATION DEPT., KERALA. R1(b):- COPY OF THE MINUTES OF THE MEETING OF THE PROVIDENT FUND OFFICERS AND OFFICIALS OF CO-OP. SOCIETIES HELD ON 11.7.08. /TRUE COPY/ P.S. TO JUDGE tss V.GIRI, J. ------------------------- W.P.(C).No.31035/07, 15981, 28689 & 33878 of 2008 ------------------------- Dated this the 1st day of December, 2008. JUDGMENT Common issues arise for consideration in these cases. Therefore, they have been heard together and are being disposed of by this common judgment. I will refer to the facts in W.P.(C)No.33878/08, which is taken as the leading case. W.P.(C)No.33878/08 2. The petitioner is a primary co-operative society. The employees of the petitioner were enrolled in the Employees' Provident Fund Scheme, 1995 under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. The provisions of Co-operative Societies Employees' Pension Scheme are more beneficial to the employees than the Employees' Provident Fund pension Scheme. 3. It seems that paying heed to the request made by the employees of different co-operative societies, Ext.P1 W.P.(C).NO.31035/07 & con. cases :: 2 :: notification was issued by the Government exempting the co-operative societies in the State where the Employees' Provident Fund Scheme is applicable from the operation of the Employees' Provident Fund Scheme 1995, for the purpose of enrolment in the Kerala Co-operative Societies Employees Self Financing Pension Scheme 1994. It seems that the Regional Provident Fund Commissioner, Employees' Provident Fund Organisation, challenged Ext.P1 notification before this court. But, when it was pointed that they do not have the sanction of the Central Government to challenge the notification, the writ petitions were caused to be withdrawn, with liberty to approach this court, if necessary, after obtaining sanction from the central Government. 4. It is now conceded on both sides that Central Government has not given any such sanction to challenge Ext.P1. 5. Ext.P1 notification itself makes a provision where any person leaves his employment and obtains re- employment in another establishment to which the Act W.P.(C).NO.31035/07 & con. cases :: 3 :: applies, to transfer the amount lying to the credit of different employees in different establishments to the account of the employees in the provident fund of the establishment in which he is re-employed, in the fund establishd under the Scheme applicable to the establishment for the purpose of working out the latter scheme. Reference is made in this regard to Clause 3 of Ext.P2 scheme which provides for the establishment of a pension fund for payment of pension to the employees of the societies, by calling upon the societies to remit the amount by way of monthly contribution from the societies at the rate of 10% of the pay of each of its employees by the 10th of each month. The pension fund shall vest and be administered by the Board. Once an employer a co-operative society is brought under the State Pension Scheme, then the scheme get enforced and it is available to the employees of the societies. The dispute which arises in these writ petitions relates to the manner in which the amount which are already lying to the credit of the different petitioners in the Employees' Provident Fund is W.P.(C).NO.31035/07 & con. cases :: 4 :: to be transferred to the State Pension Scheme. 6. Mr.N.N.Sugunapalan, learned senior counsel for the Employees' Provident Fund Scheme, points out that once an establishment or class of establishment is exempted from the operation of the scheme as has been done under Ext.P1, Clause 39 of the said scheme provides for the withdrawal of the benefits available to the employees of each establishment to be transferred to the pension fund of the establishment concerned. Clause 39 will have to be worked out in such a manner that the amounts lying in the credit of each one of the employees in the establishments in question, which enjoy the benefits of Ext.P1 notification, shall stand transferred in terms of Clause 39(b) of the Employees' Provident Fund Scheme 1994 to the State Pension Scheme to be administered by the Board in terms of Ext.P2. Submission is recorded. This shall be done within three months from the date of receipt of a copy of this judgment. Thereafter once that amounts are transferred to the State Pension Board, they shall take steps in terms of W.P.(C).NO.31035/07 & con. cases :: 5 :: the Pension Scheme to be enrolled or treated as employees covered by Ext.P1 notification and shall take further steps for the disbursal of pension to such employees of the co- operative societies by enforcement of the scheme as such. This direction will be applicable to all the writ petitions. 7. Insofar as W.P.(C)No.15981/08 is concerned, learned counsel for the petitioner refers to Exts.P6 and P7 notices of demand issued by the Employees' Provident Fund Organization raised on the petitioner's society. I find that those notices are raised subsequent to the enforcement of Ext.P1 notification and it is therefore, declared that they shall be enforced only subject to enforcement of Ext.P1 notification. Writ petitions are disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//