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. 19254 of 1996(P) ---------------------------------- PETITIONERS: --------------------- 1. P.P.SHYAMALADEVI, W/O. LATE UNNIKRISHNAN, SREEKRISHNANILAYAM, THRICHAMBALAM, TALIPARAMBA, CANNANORE DISTRICT. 2. P.S. SOBHA, W/O. LATE P.K. HARIHARAN, FEDERAL BANK, MANNAMPETTA. BY ADV. SRI.P.RAMAKRISHNAN. RESPONDENTS: ----------------------- 1. ASSISTANT COMMISSIONER, EMPLOYEES PROVIDENT FUND, ERNAKULAM, COCHIN - 17. 2. REGIONAL PROVIDENT FUND COMMISSIONER, COCHIN -17. *ADDL.R3. FEDERAL BANK LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, ALUVA. *ADDL.R3. IS IMPLEADED AS PER ORDER DATED 25/09/97 ON C.M.P. NO. 30040/97. BY ADV.SRI.N.N. SUGUNAPALAN, SC, P.F., SRI.M.PATHROSE MATHAI, SRI. AJITH KRISHNAN, ADDL.CGSC. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 19254/1996-P: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COMMUNICATION DTD. 15/01/1996 FROM THE ASSISTANT COMMISSIONER, CALICUT. EXT.P.2: COMMUNICATION FROM THE R.2. TO THE R.1. DTD. 22/08/96. EXT.P.3: REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 03/07/1996. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.19254 of 1996-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of March, 2008. JUDGMENT The first petitioner is the widow of late Shri K. Unnikrishnan who died in harness while he was an employee under the third respondent. The second petitioner's husband died on 8.2.1990 while in service under the third respondent. The claim is in respect of family pension due to the petitioners consequent on the death of their husbands. They were receiving the benefit for a number of years, but was discontinued from July, 1995 and September, 1995 respectively. By Ext.P1 the Asst. Commissioner, Kozhikkode had forwarded the files to the Regional Provident Fund Commissioner, Cochin in the case of the first petitioner, after taking undertaking for continued payment. As per Ext.P2, the first petitioner was directed to make available various documents for enabling her to draw the family pension. The pension payable is shown as Rs.581/- from 1995 onwards. Since no further steps were taken, she filed Ext.P3 representation. The second petitioner had also filed appropriate representation before the authority concerned. 2. In the counter affidavit filed by the second respondent, it is OP 19254/1996 -2- mentioned that the Government of India on 7.9.1992 passed an order under Section 19A of the Act holding 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 was 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 dates of death of the employees concerned are 15.5.1986 and 8.2.1990. Learned counsel for the petitioners therefore submitted that it is a case where the respondents have to be directed to disburse the amount to the petitioners. 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 regular payment from time to time. OP 19254/1996 -3- 3. Herein, the date of death of the employees is before the date of transfer. A similar 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. Therefore, the writ petition is allowed. The respondents are directed to disburse the family pension due to the petitioners 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 petitioners at the time of payment of the arrears. No costs. (T.R. Ramachandran Nair, Judge.) kav/ OP 19254/1996 -4- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.19254 of 1996-P - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 7th March, 2008.