IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WA.No. 2377 of 2005() --------------------- {IN WPC.9540/2005 OF THIS COURT} .................... APPELLANT(S): 2ND RESPONDENT: THE ASSISTANT PROVIDENT FUND COMMISSIONER (C & B) EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BAHVISHYA NIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. SMT.T.N.GIRIJA, SC,EPF ORGANISATION RESPONDENT(S): PETITIONER AND RESPONDENT 1 AND 3. 1. THE KERALA STATE EX-SERVICE LEAGUE, THIRUVANANTAHPURAM DISTRICT COUNCIL REP. BY ITS SECRETARY JOHN.V. VIMUKUTHABADA BHAVAN, KUNNUKUZHY, THIRUVANANTHAPURAM. 2. THE UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, NEW DELHI. 3. M/S.TRAVANCORE TITANIUM PRODUCTS LTD., REP. BYITS MANAGING DIRECTOR, KOCHUVELI, THIRUVANANTHAPURAM. ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. SRI.B.S.KRISHNAN (SR.) FOR R3 SRI.K.ANAND (A.201) FOR R3 SMT.LATHA KRISHNAN FOR R3 SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR FOR R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.A.No.2377 of 2005 ------------------------- Dated this the 13th day of January, 2009. JUDGMENT KOSHY, Ag.C.J. By Ext.P1, the Government granted exemption from the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1951, to establishments, which are employing only Ex-servicemen, who are in receipt of pension benefits as admissible under the Government rules for a period of 5 years with effect from 18.2.2000. That was withdrawn by Ext.P2. The learned single Judge found that withdrawal can be only after the 5 year period lapses. It is contended that Ext.P2 is only applicable to establishments which are employing only Ex-servicemen, who are in receipt of pension benefits. The security wing of the Travancore Titanium Products was entrusted with petitioner organisation, which has to supply security personnel. Exemption was granted only to establishments, which entered into agreement with the petitioner organisation to avail of the services of its employees as security personnel. The 3rd respondent W.A.No.2377/05 :: 2 :: establishment-Titanium Products Limited entered into agreement with the petitioner- Kerala State Ex-service League and any liability will have to be apportioned by them and only those persons who are getting Ex-service Pension are exempted for 5 years from 18.2.2000. That period also is over. In the above circumstances, we see no ground to interfere. Amounts paid by the establishments can be adjusted against future instalments. Writ appeal is accordingly dismissed. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge