IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 OP.No. 14107 of 2002(D) PETITIONER(S): 1. M.C.ARAVINDAKSHAN, AGED 50 YEARS, S/O. CHANDRAN, MANALIPARAMBIL HOUSE, ELOOR NORTH, UDYOGAMANDAL P.O. 2. T.P.NANDIKESAN, AGED 50 YEARS, S/O. PRABHAKARAN, THINNAKKAL HOUSE, ELOOR NORTH, UDYOGAMANDAL P.O. 3. A.C.RAVEENDRAN, AGED 49 YEARS, S/O. CHENNAN, AMMANAMKIZHI HOUSE, ELOOR NORTH, UDYOGAMANDAL P.O. 4. P.M.LEELADHARAN, AGED 48 YEARS, S/O. MAKKI, PARAKKAL HOUSE, ELOOR SOUTH, UDYOGAMANDAL P.O. 5. SIVAN P.E., AGED 42 YEARS, S/O.EACHARAN, PARAKKAL HOUSE, ELOOR SOUTH, UDYOGAMANDAL P.O. 6. K.K.THILAKAN, AGED 43 YEARS, S/O. KUMARAN, KATTITHARA PALLIPARAMBU HOUSE, EDAPPALLY NORTH P.O. 7. P.J.JACOB, AGED 53 YEARS, S/O. JOSEPH PAZHANILATH HOUSE, CHERANALLOOR, MATUMMAL, ERNAKULAM. 8. T.N.GOPI, AGED 50 YEARS, S/O. NAGU, THUNDIPARAMBU HOUSE, CHERANALLOOR P.O. 9. M.K.SEBASTIAN, AGED 52 YEARS, S/O. KUTTY, MANNAMURI HOUSE, CHERANALLOOR, MATTUMMEL. 10. RADHA RAMAN, AGED 47 YEARS, W/O. LATE RAMAN, THUNDIPARAMBU HOUSE, CHERANALLOOR P.O. 11. T.G.KISHNAN, AGED 52 YEARS, S/O. GOVINDAN, THUNDIPARAMBU HOUSE, CHERANALLOOR P.O. 12. T.CHANDRASEKHARAN, AGED 45 YEARS, S/O. SETHUMADHAVAN NAIR, ELOOR NORTH, UDYOGAMANDAL. 13. V.A.CHARLY, S/O. ANTONY, AGED 47 YEARS, VADASSERIL HOUSE, UDYOGAMANDAL P.O., ELOOR SOUTH, ERNAKULAM. 14. ACHUTAN, S/O. LATE KARUNAKARAN, AGED 46 YEARS, VADAKKE VALATH HOUSE, SOUTH CHITTOOR P.O., VALLAM, EDEKUNNU, ERNAKULAM. 15. M.L.SURESH, S/O. LATE LAKSHMANAN, AGED 45 YEARS, SHYAM MANDIR HOUSE, ELOOR (NORTH), UDYOGAMANDAL P.O., ERNAKULAM. 16. K.U.SASI, S/O.LATE UNNIERA, AGED 52 YEARS, KANDATHIPARAMBIL HOUSE, CHERANALLOOR, ERNAKULAM DIST. 17. K.K.SURENDRAN, S/O. KANDAN, AGED 45 YEARS, RESIDING AT KOZHIPPILLYTHARA, ELOOR SOUTH, UDYOGAMANDAL. 18. K.P.PAUL, S/O. PAPPU, AGED 40 YEARS, RESIDING AT KOZHIMMAKADU, ELOOR SOUTH, UDYOGAMANDAL. 19. SUBRAMANIYAN K.N., S/O. NARAYANAN, AGED 48 YEARS, KOZHIPPILLITHARA HOUSE, ELOOR SOUTH, UDYOGAMANDAL. 20. V.S.NARAYANAN, S/O. SREENIVASAN, AGED 48 YEARS, VENADU HOUSE, CHERANALLOOR P.O., ERNAKULAM. 21. V.K.SUBRAMANIYAN, S/O. KRISHNAN (LATE), AGED 52 YEARS, VENADU HOUSE, CHERANALLOOR P.O., ERNAKULAM. 22. A.K.RAVEENDRAN, S/O. LATE KUMARAN, AGED 49 YEARS, ASSARIPARAMBIL HOUSE, MANJUMMEL P.O., ERNAKULAM. 23. SASIKUMAR P.R.,S/O. LATE RAGHAVAN PILLAI AGED 46 YEARS, RESIDING AT PARAYINKATTIL, UDYOGAMANDAL, ELOOR NORTH. 24. V.G.JOHNSON, AGED 43 YEARS, S/O. GEORGE, RESIDING AT VADASSERY HOUSE, ELOOR SOUTH, UDYOGAMANDAL P.O. 25. MATHEW V.I., AGED 43 YEARS, S/O. IRRIDORE, VADASSERY HOUSE, ELOOR SOUTH, UDYOGAMANDAL. 26. GEORGE T.A., AGED 45 YEARS, S/O. ANTONY, RESIDING AT THYPARAMBIL HOUSE, ELOOR SOUTH, UDYOGAMANDAL. 27. K.R.SASI, AGED 50 YEARS, S/O. RAGHAVAN, KOZHIPILLYTHARA, ELOOR SOUTH, UDYOGAMANDAL. 28. P.E.PURUSHAN, AGED 60 YEARS, S/O. EACHARAN, PARAKKAL HOUSE, ELOOR SOUTH, UDYOGAMANDAL. 29. P.A.FRANCIS, AGED 50 YEARS, S/O. ANTONY, PAZHANILATH HOUSE, CHERANALLOOR, COCHIN. 30. P.D.JOHNSON, AGED 42 YEARS, S/O. DEVASSY, PAYAPPILLY HOUSE, ELOOR SOUTH, UDYOGAMANGAL P.O., ERNAKULAM. 31. K.V.SUDHAKARAN, AGED 50 YEARS, S/O. K.K.UNNIRAN, KANDATHIL PARAMBIL, CHERANALLOOR P.O., ERNAKULAM. 32. PRAKASAN N.K., S/O. KRISHNAN, AGED 58 YARS, NADUVILA MANAPPURATH HOUSE, VALAM, CHERANALLOOR. 33. ANTONY K.J., S/O. JOSEPH, AGED 66 YEARS, KEETHARA HOUSE, CHERANALLOOR, MATTUMMAL. 34. P.K.SASIDHARAN, S/O. KRISHNAN, AGED 45 YEARS, KAVUNGAL PARAMBIL, CHERANALLOOR. 35. V.K.MADHAVAN, S/O. KRISHNAN, AGED 54 YEARS, VENADUPARAMBU, VISHUPURAM, CHERANALLOOR. 36. PADMINI, W/O. SANTHOSH, AGED 35 YEARS, CHILITHARA PARAMBIL HOUSE, CHERANALLOOR. BY ADV. SRI.A.X.VARGHESE RESPONDENT(S): 1. THE FERTILISERS AND CHEMICALS TRAVANCORE LTD., UDYOGAMANDAL P.O., REP. BY ITS CHIEF MANAGER (L.S). 2. THE REGIONAL PROVIDENT FUND COMMISSIONER KALOOR, COCHIN-682 017. ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R2 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: O.P.NO. 14107/2002. ---------------------------------------------------------------- EXT.P1 TRUE COPY OF AWARD IN I.D.NO. 97/1980 DT. 24-3-1984 BY LABOUR COURT, ERNAKULAM. EXT.P2 ORDER DT. 7-1-1991. EXT.P3 JUDGMENT IN O.P.NO. 1149/91. EXT.P4 APPLICATION SUBMITTED BEFORE R2. EXT.P5 JUDGMENT IN O.P.NO. 29260/2000. EXT.P6 ORDER DT. 23-8-2001. RESPONDENTS' EXHIBITS: -------------------------------------- EXT. R1(a) STATEMENT DT. 3-4-2001. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 14107 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 26th March, 2009. J U D G M E N T The petitioners claim to be workers of the 1st respondent- Company who were originally engaged through contractors. The unions representing the petitioners and others raised an industrial dispute seeking reglarisation of their service as employees of the 1st respondent-Company, which was adjudicated by the Labour Court, Ernakulam as I.D.No. 97/1980, in which Ext. P1 award was passed holding that the contract workers of the 1st respondent are entitled to reinstatement in service with effect from 23-3-1980. That award was published in the Gazette on 23-10-1984. Thereafter, the petitioners raised a claim for benefits under the Employees Provident Funds and Miscellaneous Provisions Act. After two original petitions, this Court, by Ext. P P5 judgment, directed the 2nd respondent to consider the representation filed by the petitioners in this regard. Thereafter, the 2nd respondent heard the petitioners as well as the Company and passed Ext. P6 order rejecting the representation of the employees seeking provident fund benefits with effect from 1977 onwards. The petitioners are challenging Ext. P6. 2. Counter affidavits have been filed by both the respondents controverting the contentions of the petitioners. The 2nd respondent raises a contention that they cannot, without any records relating to the employment of the petitioners, demand contribution from the 1st respondent. They would also submit that the eligibility of an employee for enrolment can be considered only if there is materials to prove that the employee had put in the minimum qualifying service, which was a requirement at the relevant time. The 2nd respondent also raises the contention that the petitioners were already enrolled with effect from 1-10-1987 and in the absence of any records prior to that date, no favourable orders can be passed in O.P. No. 14107/2002. -: 2 :- favour of the petitioners. The 1st respondent would contend that they are not liable to pay contributions in respect of the petitioners prior to 1-10-1987. According to them, admittedly, the petitioners if at all were employed through contractors. Apart from the same, orders under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act were subjected to challenge and this Court has confirmed the same. 3. I have considered the rival contentions in detail. 4. There is nothing to show that the petitioners were employees of the 1st respondent from 1975 onwards or from 1977 onwards. Admittedly, they became entitled to regularisation in service with effect from the date of publication of Ext. P1 award, which is dated 23-10-1984. There is considerable delay in the petitioners' raising their claims before the appropriate authorities. In any event, the petitioners were enrolled with effect from 1-10-1987. The 2nd respondent, in their counter affidavit, specifically states that in the absence of any records, they are not in a position to ascertain whether the petitioners were eligible to be enrolled as members even. In the above circumstances, at this point of time, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioners. Accordingly, the original petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/