IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 OP.No. 1067 of 1996(B) ------------------------------- PETITIONER: ------------------- D.RAJ KAMAL, W/O. P.V.PREMANANDAN, T.D.SOUTH GATE, T.D.ROAD, COCHIN 35. BY ADV. SMT.I.SHEELADEVI SRI.KRB.KAIMAL RESPONDENTS: ----------------------- 1. CENTRAL BOARD FOR EMPLOYEES PROVIDENT FUND, REP.BY CHIEF PROVIDENT FUND COMMISSIONER, NEW DELHI. 2. REGIONAL PROVIDENT FUND COMMISSIONER, KALOOR, COCHIN 17. 3. FEDERAL BANK LTD., REP.BY ITS SECRETARY, HEAD OFFICE, ALWAYE. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) - R1 & R2 SRI.M.PATHROSE MATHAI - R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.1067/1996 ORDER ON CMP. NO.1767/1996 IN OP. NO.1067/1996 DISMISSED 07.03.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE JUDGMENT IN OP. 10424/95 DT. 274.7.95 OF THE HONOURABLE HIGH COURKANNUR OF KERALA. EXT.P2:- COPY OF THE REPRESENTATION DT. 5.6.95 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3:- COPY OF THE LETTER NO.KR/KC/1883/3898/L.CELL/EKM/95/3766 DT. 31.8.95 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P4;- COPY OF THE REPRESENTATION DT. 29.11.95 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN, FEDERAL BANK LTD. , HEAD OFFICE, ALWAYE. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.1067 of 1996-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of March, 2008. JUDGMENT The petitioner is the widow of late Shri P.V. Premanandan who was an employee of the third respondent Bank. He was a member of the Employees Provident Fund Scheme as well as the Family Pension Scheme framed under the Employees Provident Fund and Miscellaneous Provisions Act. While in service, he died on 14.1.1991. 2. Even though the petitioner claimed family pension in terms of the relevant Scheme as per Ext.P2 representation, as per Ext.P3, she was informed that since certain writ petitions are pending regarding the dispute between the Bank and the Employees Provident Fund Organisation, orders have to be obtained from this court for getting pension. It is the contention of the petitoner that since the petitioner's husband died on 14.1.1991, she is entitled for payment of the family pension by respondents 1 and 2. It is also averred in the writ petition that upto 30.4.1993, the amount payable under the scheme by the employer as regards the employees' family pension, were collected by the second respondent. OP 1067/1996 -2- 3. In the counter affidavit filed by the second respondent, it is mentioned that the Government of India as per order dated 7.9.1992 passed under Section 19A of the Act held that the Act will cease to have application to the bank. It appears that the bank had continued to remit the contributions upto 30.4.1993, even after the decision of the Government of India. In fact, there are some disputes between the bank and the Employees Provident Fund Organisation regarding the mode of transfer, the amount to be transferred, etc. O.P.No.8586/1993 and other connected cases are pending before this court concerning that dispute. It is now submitted that pursuant to the orders passed by this court in the above writ petitions, various amounts have been transferred to the bank by the Employees Provident Fund Organisation. Going by the statement dated 17.1.2008 filed in O.P.No.8586/1993, the Employees Provident Fund contribution received for the period from 10/1992 to 5/1993 amounting to Rs.27,20,000/- have been transferred on 20.10.1995. Herein, the date of death of the employee concerned is 14.1.1991. Learned counsel for the petitioner therefore submitted that it is a case where the respondents have to be directed to disburse the amount to the petitioner. It is also pointed out that in the judgment in O.P. No.14914/1999 in respect of a similar matter this court had directed the first respondent to disburse the entire arrears and to make OP 1067/1996 -3- regular payment from time to time. 4. Herein, as stated above, the date of death of the employee is before the date of transfer. This aspect has been noticed in the judgment in O.P.No.14914/1999 also. Therein the learned judge was also of the view that since the date of death of the petitioner's husband took place prior to the date of transfer, the liability is cast on the part of the first respondent to pay the family pension to the petitioner therein. Similar is the circumstance herein also. 5. Therefore, the writ petition is allowed. The respondents are directed to disburse the family pension due to the petitioner along with arrears. The arrears shall be disbursed within a period of two months from the date of production of a copy of this judgment and regular payments thereafter shall be made from time to time. The interest which would have accrued on the amount will also be paid to the petitioner at the time of payment of the arrears. (T.R. Ramachandran Nair, Judge.) kav/ OP 1067/1996 -4- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.1067 of 1996-B - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 7th March, 2008.