IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 17086 of 2007(H) -------------------------- PETITIONER(S): ---------------------- 1. K.K. SREEDHARAN, AGED 59 YEARS, S/O. GOVINDAN, RETIRED HEAD LOAD WORKER, F.C.I., CHINGAVANAM DEPOT, KOTTAYAM, RESIDING AT THADATHIPARAMBIL, CHINGAVANAM P.O,KOTTAYAM-686 531. 2. A. ISMAIL KUNJU, AGED 59 YEARS, S/O. ABDUL KHADER KUNJU, RETIRED HEAD LOAD WORKER, F.C.I., MANI DEPOT, KOLLAM, RESIDING AT VAYALIL- PUTHEN VEEDU, KAYYALACKAL CHERY, VADAKKEVILA P.O., KOLLAM. 3. V. ABDUL KARIM, AGED 67 YEARS, S/O. VAVA KUNJU, RETIRED HEAD LOAD WORKER, F.C.I., MAIN DEPOT, KOLLAM, RESIDING AT MANAMEL HOUSE, KAYYALACKAL WARD, CHAKIRIKADA, ERVIPURAM P.O., KOLLAM. 4. R. MANIYAN CHETTIAR, AGED 56 YEARS, S/O. RAMASWAMY CHETTIAR, RETIRED HEAD LOAD WORKER, F.C.I., MAIN DEPOT, KOLLAM, RESIDING AT MUTHIRAZHIKATHU PURAIDOM, MANAYILKULANGARA, KOLLAM-12. 5. A. SHAHUL HAMEED, AGED 60 YEARS, S/O. ALIYARU KUNJU, RETIRED HEAD LOAD WORKER, F.C.I., MAIN DEPOT, KOLLAM, RESIDING AT "FIRDOSE", VADAKKEVILA P.O., KOLLAM. 6. P. KUTTAN CHETTIAR, AGED 65 YEARS, S/O. PALANI CHETTIAR, RETIRED HEAD LOAD WORKER, F.C.I., MAIN DEPOT, KOLLAM, RESIDING AT VETTAYIL KIZHAKKETHIL, KUREEPUZHA, KAVANADU P.O., KOLLAM. 7. A. IBRAHIMKUTTY, AGED 59 YEARS, S/O.AMEED KUNJU, RETIRED HEADLOAD WORKER, F.C.I. MAIN DEPOT, KOLLAM, RESIDING AT MULAVANAZHIKOM, VADAKKEVILA P.O., KOLLAM. 8. K.V.ABDUL KHADER, AGED 66 YEARS, S/O. VAVAKUNJU, RETIRED HEAD LOAD WORKER, F.C.I., MAIN DEPOT, KOLLAM, RESIDING AT VALIYATHU KIZHAKKETHIL, MARUTHOOR KULANGARA, ALUMKADAVU P.O. KARUNAGAPPALLY. 9. P.SIVANKUTTY, AGED 54 YEARS, S/O. PALANI CHETTIAR, RETIRED HEAD LOAD WORKER, F.C.I., MAIN DEPOT, KOLLAM, RESIDING AT PALLIPPURATHU VEEDU, KADAPPAKKADA P.O., KOLLAM. WP(C).No. 17086 of 2007(H) 10. M. BASHEERKUTTY, AGED 61 YEARS, S/O.MOHAMAD KUNJU, RETIRED HEAD LOAD WORKER, F.C.I., MAIN DEPOT, KOLLAM, RESIDING AT VELIYIL VEEDU, AMINA MANZIL, KAYYALACKAL, ERAVIPURAM P.O., KOLLAM. 11. V.KRISHNAN CHETTIAR, AGED 62 YEARS, S/O. VASU CHETTIAR, RETIRED HEAD LOAD WORKER, F.C.I., MAIN DEPOT, KOLLAM, RESIDING AT SARASWATHY VILASOM, KONAKATHARA VAYALIL, AIYATHIL P.O.,KOLLAM 12. A. JALALUDEEN KUNJU, AGED 55 YEARS, S/O. ABDUL RAHMAN KUNJU, RETIRED HEAD LOAD WORKER, F.C.I. MAIN DEPOT, KOLLAM, RESIDING AT SABEENA MANZIL, NANTHRIKKAL, VELLIMON P.O., KOLLAM. 13. M. ABDUL KHADER KUNJU, AGED 61 YEARS, S/O. MOHAMAD SALI, RETIRED HEAD LOAD WORKER, F.C.I., MAIN DEPOT, KOLLAM, RESIDING AT KOCHAYYATHU VEEDU, VADAKKEVILA, PALLIMUKKU,KOLLAM. 14. A. IBRAHIM KUTTY, AGED 64 YEARS, S/O. ALIKUNJU, RETIRED HEAD LOAD WORKER, F.C.I., MAIN DEPOT, KOLLAM, RESIDING AT THUNDUVILA VEEDU, MUTTAKKAVU, NEDUMPANA P.O., KOLLAM. 15. N. VENGAPPAN, AGED 61 YEARS, S/O. NANU, RETIRED ANCILLIARY WORKER, F.C.I., MAIN DEPOT, KOLLAM, RESIDING AT MULLIYIL PADINJATTATHIL, THRIKKADAVOOR, PERINADU P.O., KOLLAM. 16. HAZARUMMA, AGED 68 YEARS, W/O. IBRAHIMKUTTY, RETIRED ANCILLIARY WORKER, F.C.I. MAIN DEPOT, KOLLAM, RESIDING AT PALAVILA THEKKETHIL, CHANDANATHOPPU P.O., KOLLAM. 17. M. SHAMSUDEEN, AGED 64 YEARS, S/O. MOHAMAD KUNJU, RETIRED ANCILLIARY WORKER, F.C.I. MAIN DEPOT, KOLLAM,RESIDING AT NIZAM MANZIL CHERIYATHUVILA VEEDU, KALLUMTHAZHAM P.O., KOLLAM. 18. JOSEPHEENA, AGED 59 YEARS, D/O. SAVIOUR, RETIRED ANCILLIARY WORKER, F.C.I., MAIN DEPOT, KOLLAM, RESIDING AT DEPOT PURAIDOM, CONTONMENT SOUTH, KOLLAM. 19. M.B. HAMEED, AGED 60 YEARS, S/O. BAVA, RETIRED ANCILLIARY WORKER, F.C.I., KOCHI DEPOT, RESIDING AT 610/13 CHITHUPARAMBU, KOCHANGADI, KOCHI-5. 20. JAINY, AGED 56 YEARS, S/O. KHADER, RETIRED HEAD LOAD WORKER, F.C.I.DEPOT KOCHI, RESIDING AT H.NO.1120/19, CHARANGATHU HOUSE S.D.P.Y. ROAD, PALLURUTHY, KOCHI-6. WP(C).No. 17086 of 2007(H) 21. DHANALEKSHMI, AGED 50 YEARS, RESIDING AT LEKSHMI MANDIRAM, THILLERY MISSION COMPOUND, KOLLAM (W/O. LATE SRI.B.THANUPILLAI, RETIRED ANCILLIARY WORKER, F.C.I., MAIN DEPOT, KOLLAM). 22. S. RADHAMMA, AGED 60 YEARS, RESIDING AT KIZHAKKEPULUVILAYIL, MUNDAKKAL,KOLLAM (W/O. LATE SRI.N.SURENDRAN, ANCILLIARY WORKER, F.C.I., MAIN DEPOT, KOLLAM). 23. SELEENA JOSE, AGED 51 YEARS, RESIDING AT EDAKKALATHUR HOUSE, MULLASSERY P.O., THRISSUR DISTRICT (W/O. LATE E.K. JOSE, HEAD LOAD WORKER, F.C.I. DISTRICT OFFICE, MULAKUNNATHUKAVU, THRISSUR). BY ADV. MR.ASOK M.CHERIAN, MR.SANTHOSH G. PRABHU. RESPONDENT(S): ------------------------- 1. THE FOOD CORPORATION OF INDIA, REPRESENTED BY ITS THE CHAIRMAN AND MANAGING DIRECTOR, FCI, HEAD QUARTERS, 16-20, BARATHAMBA LANE, NEW DELHI-110 001. 2. THE AREA MANAGER, FCI, DISTRICT OFFICE, CHANNANNIKKAVU P.O.,KOTTAYAM. 3. THE AREA MANAGER, FCI, DISTRICT OFFICE, KOLLAM-691 001. 4. THE AREA MANAGER, FCI, DISTRICT OFFICE, MULAKUNNATHUKAVU, THRISSUR. 5. THE AREA MANAGER, FCI, DISTRICT OFFICE, KOCHI-11. 6. THE EXECUTIVE DIRECTOR (FORMERLY THE ZONAL MANAGER), FCI, ZONAL OFFICE (SOUTH) NO.3, HADDOWS ROAD, CHENNAI. 7. THE ASSISTANT GENERAL MANAGER (CPF), (FORMERLY THE DEPUTY MANAGER), FCI ZONAL OFFICE (SOUTH)NO.3, HADDOWS ROAD, CHENNAI. 8. THE EMPLOYEES PROVIDENT ORGANISATION REPRESENTED BY ITS CENTRAL PROVIDENT FUND COMMISSIONER, BAVISHYA NIDHI BHAVAN, 14, BHIKAJI CAMA PALACE, NEW DELHI-110 066. 9. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT ORGANISATION, BAVISHYA NIDHI BHAVAN, 14, BHIKAJI CAMA PALACE, NEW DELHI-110 066. WP(C).No. 17086 of 2007(H) 10. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT ORGANISATION, SUB REGIONAL OFFICE, OLD MUNICIPAL BUILDING, KOLLAM-690 001. 11. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT ORGANISATION, SUB REGIONAL OFFICE, 36/685 A, BHAVISHYANIDHI BHAVAN, P.B.NO.1895, KALOOR, KOCHI-17. R1 TO R7 BY SMT.V.P.SEEMANDINI, SENIOR ADVOCATE, SC, FCI. R8 TO R11 BY MR.N.N. SUGUNAPALAN, SENIOR ADVOCATE ,SC, P.F., ADV. SMT.T.N.GIRIJA, SC,EPF ORGANISATION. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17086 of 2007(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DATED 19/07/2004 ADDRESSED TO THE 7TH RESPONDENT ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE DETAILS OF PENSION APPLICATIONS FORWARDED TO THE OFFICE OF THE RESPONDETS 6 AND 7 PREPARED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE COVERING LETTER DATED 20/03/2006 OF THE 7TH RESPONDENT ISSUED TO THE REGIONAL PROVIDENT FUND COMMISSIONER OF THE 8TH RESPONDENT ALONG WITH LIST OF 32 WORKERS. EXT.P4: COPY OF THE FORWARDING LETTER DATED 09/11/2005 OF THE 6TH RESPONDENT SENT TO THE 9TH RESPONDENT. EXT.P5: COPY OF THE FORWARDING LETTER DATED 23/01/2007 OF THE 6TH RESPONDENT SENT TO THE ASSISTANT GENERAL MANAGER (CPF) OF THE 1ST RESPONDENT. EXT.P6: COPY OF THE REQUEST DATED 04/08/2006 SENT BY THE 1ST PETITIONER UNDER THE PROVISIONS OF RIGHT TO INFORMATION ACT TO THE 1ST RESPONDENT. EXT.P7: COPY OF THE FORWARDING LETTER DATED 09/08/2006 OF THE 1ST RESPONDENT. EXT.P8: COPY OF THE LETTER DATED 02/08/2006 OF THE 9TH RESPONDENT ISSUED TO THE 11TH PETITIONER. EXT.P9: COPY OF THE RELEVANT PORTION OF THE NEWS ITEM OF THE 8TH PETITIONER PUBLISHED IN MALAYALA MANORAMA DAILY ON 06/04/2007 EXT.P10: COPY OF THE RELEVANT PORTION OF THE NEWS ITEM OF THE 8TH AND 9TH PETITIONER PUBLISHED IN MADHYAMAM DAILY ON 06/04/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC, J ------------------- W.P.(C).17086/2007 -------------------- Dated this the 10th day of February, 2010 JUDGMENT 1. Delay in the payment of employees' pension under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, is what is complained of in this writ petition. On 11.2.2009, this Court passed an order which is extracted below for reference. Admittedly insofar as all the petitioners, except petitioner Nos.8 and 21 concerned, required papers have been forwarded by the FCI to the respondents 8 to 11. Insofar as the petitioners 8 and 21 are concerned, FCI yet to forward Annexure K4 form. In view of this, it is directed that within one month from today pension insofar as the petitioners, except 8 and 21 are concerned, shall be released. Insofar as the petitioners 8 and 21 are concerned, if respondents 8 to 11 have not already received Annexure K(4), it is directed that FCI shall forward the same, within two weeks from today, in which event, pension shall be disbursed within four weeks thereafter. W.P.(C).17086/07 2 2. It is now submitted that except petitioners 8 and 21, rest of the petitioners have been disbursed pension. Therefore, what survives is the grievance of petitioners 8 and 21. Insofar as they are concerned, it is submitted by the learned Standing Counsel appearing for the 1st respondent that as directed by this Court, Annexure K4 has been forwarded to respondents 8 to 11. 3. Having regard to this fact that the pension claimed by petitioners 8 and 21 has not so far been settled, it is directed that respondents 8 to 11 shall settle the pensionery claims of the aforesaid petitioners, without any further delay. 4. Petitioners have claimed for interest for belated payment of pension. According to them, the payment of pensionery benefits have been inordinately delayed and therefore, they are entitled to be compensated by awarding interest. However, having regard to the dearth of materials in this writ petition, I am no persuaded to pass any order as sought for. Therefore I W.P.(C).17086/07 3 leave this claim open to be agitated by the petitioners in appropriate proceedings. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs