IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 15551 of 2009(L) -------------------------- PETITIONER(S): ------------------ THE MADAI CO-OPERATIVE BANK EMPLOYEES WELFARE & CULTURAL SOCIEITY, PAYANGADI KANNUR-670 303. REPRESENTED BY ITS SECRETARY M.RAMACHANDRAN. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENT(S): ------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT , CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 3. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES ROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, V.K.COMPLEX, FORT ROAD, KANNUR. 4. KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD,THIRUVANANTHAPURAM-695 001. REPRESENTED BY ITS SECRETARY. WP(C).No. 15551 of 2009 :: 2 :: 5. MADAI CO-OPERATIVE RURAL BANK LIMITED, PAYANGADI-670 303, KANNUR REPRESENTED BY ITS SECRETARY. BY SRI.THOMAS MATHEW NELLIMOOTTIL, SC, P.F. FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------ W.P.(C).No.15551 of 2009 ------------------------------------ Dated this the 8th day of June, 2009. JUDGMENT The petitioner is a society, in which the members are the workmen of the 5th respondent Co-operative Rural Bank. The 5th respondent is a deemed society under the provisions of the Co-operative Societies Act, 1969. The Employees' Provident and Miscellaneous Provisions Act {for short 'the Act'} is applicable to the 5th respondent and the employees of the 5th respondent bank are members of the Employees' Pension Scheme. The self-financing scheme of the Co-operative Societies in the State was brought into force in the year 1994 and thereupon the Government issued Ext.P3 notification exempting the primary co-operative societies of the State, from the application of the provisions of the Employees' Pension Scheme, 1995 framed under the Act. 2. It is the contention of the petitioner that the pension scheme under the Act is more beneficial to the 5th W.P.(C).No.15551 of 2009 :: 2 :: respondent and if that be so, the Government ought not to have issued a notification exempting the 5th respondent from the purview of the Act. Ext.P6, comprehensive representation filed in this behalf before the Government is pending. 3. I heard learned counsel for the petitioner and learned counsel for the Employees Provident Fund. 4. What is claimed is a facility to be governed by the Act itself and this would normally have been given effect to, but for Ext.P3. The request made by the workmen themselves requires to be considered by the Government. 5. Accordingly, there will be a direction to the 1st respondent to consider Ext.P6 and if the request is found to be acceptable, after notice to the 5th respondent appropriate changes may be made qua the 5th respondent to Ext.P3 notification. A decision shall be taken within three months from the date of receipt of a copy of this judgment. The direction in Ext.P4 insofar as the employees of the 5th respondent bank is concerned to transfer the emoluments W.P.(C).No.15551 of 2009 :: 3 :: under the EPF Account pursuant to Ext.P3, to the co- operative self-financing scheme account shall be kept in abeyance till a decision is taken on Ext.P6, as mentioned above. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge