IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 OP.No. 981 of 1996(P) --------------------- PETITIONER(S): --------------------- S.THANKAPPAN PILLAI, KOTTAPILLIL MYAL HOUSE, PURAYAR KARA, DESOM.P.O., ALUVA. BY ADV. SMT.I.SHEELA DEVI. SRI.KRB.KAIMAL, SENIOR ADVOCATE RESPONDENT(S): ---------------------- 1. CENTRAL BOARD OF EMPLOYEE'S PROVIDENT FUND REPRESENTED BY CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI. 2. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND SUB REGIONAL OFFICE, KALOOR, KOCHI-17. 3. FEDERAL BANK LTD., REPRESENTED BY ITS SECRETARY, HEAD OFFICE, ALUVA. R1 AND R2 BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE R3 BY SRI.M.PATHROS MATTHAI, SENIOR ADVOCATE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF ORDER DATED 7.9.1992 ISSUED BY THE UNION GOVERNMENT. EXHIBIT P2: COPY OF COMMUNICATION NO.KR/1883/53/AB 4(3)/93 DATED 30.9.93 SENT BY THE SECOND RESPODNENT TO THE CHIEF MANAGER STAFF ADMN. DEPT. FEDERAL BANK LTD. H.O.ALWAYE. EXHIBIT P3: COPY OF REPRESENTATION DATED 1.10.93 SUBMITTED BY THE PETITOIENR BEFORE THE CHIEF MANAGER FEDERAL BANK LTD. H.O.ALWAYE. EXHIBIT P3(a): TRUE TRANSLATION OF EXHIBIT P3. EXHIBIT P4: COPY OF LETTER NO.KR/1883/A.A(7)/94/7822 DATED 3.3.94 SENT BY THE 2ND RESPONDENT TO THE CHIEF MANAGER, FEDERAL BANK LTD. H.O.ALWAYE. EXHIBIT P5: COPY OF COMMUNICATION DATED 19.3.94 OF THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P6: COPY OF REPRESENTATION DATED 1.2.94 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. /TRUE COPY/ PA TO JUDGE V.GIRI, J. ----------------------------------------- O.P.No.981 of 1996 ----------------------------------------- Dated this the 3rd April, 2009 JUDGMENT The petitioner retired from the third respondent-Federal Bank Limited on 31.7.1993 and he was a member of the Employees Provident Funds Scheme, 1952, Employees Family Pension Scheme 1971 and Employees Deposit Link Insurance Scheme, 1976, constituted under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. The provisions of the above Act were made applicable to the third respondent Bank only at a later point of time. The employees' contribution was collected till 30.4.1993. Provident Fund amount due under the account of the petitioner as on 30.9.1992 as calculated by the first respondent has been disclosed in Exhibit P2. The petitioner claims interest thereon. All these aspects have been highlighted in Exhibit P6 representation submitted by the petitioner before the second respondent. This Original Petition was kept pending on account of the pendency of the Original Petition filed by the Bank challenging the extension of the EPF O.P.981/96 2 Act to the Federal Bank also. Today I have disposed of the Original Petition filed by the Banks. 2. I heard Smt.J.Sheeladevi, learned counsel for the petitioner, Sri.N.N.Sugunapalan, learned senior counsel appearing for respondents 1 and 2 and Sri.M.Pathros Matthai, learned senior counsel appearing for the third respondent. 3. It is appropriate that the petitioner's representation, Exhibit P6, be looked into and appropriate action taken thereon within three months from the date of receipt of a copy of this judgment. The Original Petition is disposed of accordingly. V.GIRI, JUDGE vgs. O.P.981/96 3 V.GIRI, J. ------------------------------ O.P.No.981 of 1996 ------------------------------ JUDGMENT 3.4.2009