IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 31517 of 2007(B) ---------------------------------------- PETITIONERS: ---------------------- 1. K. NARAYANAN NAMBIAR, KAKKOPRAVAN HOUSE, P.O. VENGARA, KANNUR DISTRICT. (RETIRED BRANCH MANAGER,MADAI SERVICE CO-OPERATIVE BANK). 2. V.K.V. NARAYANAN, 'YAMUNA SADAN', P.O. VENGARA, KANNUR DISTRICT. (RETIRED ASSISTANT SECRETARY, MADAI SERVICE CO-OPERATIVE BANK). 3. V. KARUNAKARAN, VARAYIL HOUSE, P.O. VENGARA, KANNUR DISTRICT. (RETIRED BILL COLLECTOR,MADAI SERVICE CO-OPERATIVE BANK). 4. K. RAGHAVAN NAIR, 'KRISHNALAYAM', P.O. VENGARA, KANNUR DISTRICT. (RETIRED ASSISTANT SECRETARY,MADAI SERVICE CO-OPERATIVE BANK). 5. P. KRISHNAN, P.O. VENGARA, KANNUR, KANNUR DISTRICT. (RETIRED SECRETARY, MADAI SERVICE CO-OPERATIVE BANK). *ADDL.P6 IS IMPLEADED: P6. K.P.LEELAVATHI, W/O.RAGHAVAN NAIR (LATE), 'KRISHNALAYAM', VENGARA P.O., KANNUR DISTRICT. (*ADDL.P6 IS IMPLEADED AS PER ORDER DTD. 26/09/2008 IN I.A.NO.12147/2008) BY ADV. SRI.KALEESWARAM RAJ Kss ..2/- ...2..... WPC.NO.31517/2007 B RESPONDENTS: ------------------------- 1. KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, REPRESENTED BY ITS SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, KALANIVAS, T.C.NO.27/156, 157, CHINMAYA LANE, KUMARAPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, TALIPARAMBA, KANNUR. 3. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, V.K.COMPLEX, FORT ROAD, KANNUR. 4. MADAI SERVICE CO-OPERATIVE BANK LTD., REPRESENTED BY THE SECRETARY, MADAI SERVICE CO-OPERATIVE BANK LTD., MADAI, KANNUR DISTRICT. BY ADV. SRI. P.V.MOHANAN, SC- R1 BY GOVERNMENT PLEADER SRI. I.V. PRAMOD – R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31517/2007 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SERVICE PARTICULARS REGARDING THE 1ST PETITIONER. EXT.P2: COPY OF THE SERVICE PARTICULARS REGARDING THE 2ND PETITIONER. EXT.P3: COPY OF THE SERVICE PARTICULARS REGARDING THE 3RD PETITIONER. EXT.P4: COPY OF THE SERVICE PARTICULARS REGARDING THE 4TH PETITIONER. EXT.P5: COPY OF THE SERVICE PARTICULARS REGARDING THE 5TH PETITIONER. EXT.P6: COPY OF THE APPLICATION DTD. 30/06/2007 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7: COPY OF THE APPLICATION DTD. 30/06/2007 TOGETHER WITH CHELAN OF RS.100 BY THE 2ND PETITIONER. EXT.P8: COPY OF THE APPLICATION DTD 30/06/2007 TOGETHER WITH CHELAN OF RS.100 BY THE 3RD PETITIONER. EXT.P9: COPY OF THE APPLICATION DTD. 30/06/2007 TOGETHER WITH CHELAN OF RS100 BY THE 4H PETITIONER. EXT.P10: COPY OF THE APPLICATION DTD. 30/06/2007 TOGETHER WITH CHELAN OF RS 100 BY THE 5TH PETITIONER. EXT.P11: COPY OF THE JUDGMENT DTD. 17/03/2004 IN O.P.NO. 13868 OF 1999. EXT.P12: COPY OF GO.(MS) NO.44/2006/LBR DTD.19/06/2006. EXT.P13: COPY OF G.O.(P) NO.128/06/CO-OP.DD. 12/07/2006. EXT.P14: COPY OF THE LETTER DTD. 17/01/2001 WITH RESPECT TO THE 1ST PETITIONER. EXT.P15: COPY OF THE LETTER DTD. 20/07/2001 WITH RESPECT TO THE 2ND PETITIONER. Kss ..2/- ..2.... WPC.NO.31517/2007 B EXT.P16: COPY OF THE LETTER DTD.19/09/2000 WITH RESPECT TO THE 3RD PETITIONER. EXT.P17: COPY COPY OF THE LETTER DTD. 18/08/2000 WITH RESPECT TO THE 4TH PETITIONER. EXT.P18: COPY OF THE LETTER DTD. 5/04/1999 WITH RESPECT TO THE 5TH PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------------------------ W.P.(C) NO.31517 OF 2007 (B) ------------------------------------------------------------------------ Dated this the 26th day of September, 2008 J U D G M E N T Following the order in I.A.12147/2008, the legal representative of the fourth petitioner has been brought on record. Petitioners 1 to 5 were employees of the fourth respondent. They were covered by the EPF scheme under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. With the passage of time, the Co-operative Pension Scheme came into force and the Pension Board became the authority to deal with the pension papers of the persons like the petitioners. This requires the transfer of the amounts lying with the EPF authorities to the Pension Board to make up the contribution and also for the fourth respondent to ensure that the contribution in terms of the pension schemes is made to the first respondent. These are not matters which could be delayed too long. Even in the case in hand, one among the petitioners passed away after the institution of this writ petition. W.P.(C) No.31517/2007 - 2 - For the foregoing reasons, the respondents are directed to ensure that everything needful is done within an outer limit of three months from now, for transferring the funds to the first respondent by closing the transaction with the EPF organisation and also by providing all necessary contributions and also making available necessary papers to enable the first respondent to process the pension due to the petitioners, in accordance with law. This writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/29/9 // True copy // P.A. to Judge.