IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 OP.No. 34711 of 2000(G) ---------------------------------- PETITIONERS: --------------------- 1. P.K. GEORGE, RETIRED SECTION INSPECTOR, CANE DEPARTMENT, MANNAM SUGAR MILLS- CO-OPERATIVE LIMITED, PANDALAM, RESIDING AT PULIPRATH HOUSE, THUMPAMON.P.O., PATHANAMTHITTA DISTRICT. 2. M.N. KUNJURAMA PANICKER, RETIRED IST GRADE FITTER, ENGINEERING DEPARTMENT, MANNAM SUGAR MILLS CO-OPERATIVE LIMITED, PANDALAM, RESIDING AT MELAKATHU VEEDU, IMALI, OMALLOOR.P.O., PATHANAMTHITTA DISTRICT. 3. R. PURUSHOTHAMAN NAIR, RETIRED IIND GRADE FITTER, ENGINEERING DEPARTMENT, MANNAM SUGAR MILLS CO-OPERATIVE LIMITED, PANDALAM, RESIDING AT KOCHUTHUNDIL VEEDU, PULIKULAM, PARAKADAVU.P.O., SHOORANADU NORTH, ALLEPPEY DISTRICT. 4. M.G. RADHAKRISHNAN NAIR, RETIRED CLERK, CANE DEPARTMENT, MANNAM SUGAR MILLS CO-OPERATIVE LIMITED, PANDALAM, RESIDING AT MANTHARA PUTHIYEDATHU VEEDU, PRAYAR, PANDANADU NORTH.P.O., KALLUSSERY, ALEPPEY DISTRICT. BY ADV. SRI.V.R.RAMACHANDRAN NAIR, ADV. SRI.R.PREMCHAND. O.P. NO. 34711/2000-G: RESPONDENTS: ----------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR, NEW DELHI. 2. THE COMMISSIONER, EMPLOYEES PROVIDENT FUND, PATTAM, TRIVANDRUM. 3. THE GENERAL MANAGER, MANNAM SUGAR MILLS CO-OPERATIVE LIMITED NO. 4324, PANDALAM - 689 501. BY ADV. SRI.P.K.RAMKUMAR, ADDL.CGSC SRI.N.N. SUGUNAPALAN, SC, P.F. SRI.K.ANAND. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 59341/2000 IN O.P. NO. 34711/2000-G DISMISSED 06/03/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX EXT.P.1: COPY OF THE NEWS PAPER REPORT IN MALAYALA MANORAMA DAILY DTD. 11/03/1998. EXT.P.2: COPY OF THE OPTION SUBMITTED BY P.1. BEFORE THE R.2. EXT.P.3: COPY OF THE APPLICATION DTD. 11/11/1999 SUBMITTED BY THE P.1. TO THE R.2. EXT.P.4: COPY OF THE REPLY LETTER DTD. 31/01/2000 ISSUED BY THE ASSISTANT ACCOUNTS OFFICER, EMPLOYEES PROVIDENT FUND, TRIVANDRUM TO THE P.1. RESPONDENT'S EXHIBIT: EXT.R2.A: COPY OF THE LETTER NO. E/95-96-441 DTD. 12/09/1995 ISSUED BY THE R.3. //TRUE COPY// prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.34711 of 2000-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of March, 2008. JUDGMENT The petitioners are erstwhile employees of the Mannam Sugar Mills Co-operative Limited. The petitioners seek the benefit of Employees Pension Scheme, 1995 to them. They moved the competent authority and by Ext.P4, they have been informed that as per the existing rule, there is no provision to grant pension to a non-E.P.F. Member who left the service before 16.11.1995. 2. All the petitioners retired from service prior to 16.11.1995, the date on which the Employees Pension Scheme was brought into force. Learned counsel for the petitioners, relying upon clause 6(d) of the Scheme, submitted that persons like the petitioners will be covered by the above limb and therefore the stand taken by the respondents is not correct. A reading of the scheme shows that as per clause 2(a), it was given effect from 16.11.1995. Clause 2(b) shows that subject to the provisions of the scheme, the employees have an option to become the members of the scheme with effect from 1st April, 1993. This provision is relied upon to contend that since the dates of retirement of the petitioners is between 1.4.1993 and OP 34711/2000 -2- 16.11.1995, they will be covered by the benefits of the Scheme. Clause 6(d) is extracted below: “6. Membership of the Employees' Pension Scheme.-- Subject to sub paragraph (3) of paragraph 1, this Scheme shall apply to every employee,-- (a) xxxxxx (b) xxxxxx (c)xxxxxx (d) who has been a member of the employees' Provident Fund or of provident funds of factories and other establishments exempted by the appropriate Government under Section 17 of the Act or in whose case exemption has been granted under paragraph 27 or 27A of the Employees' Provident Fund Scheme, 1952, on 15th November, 1995, but not being a member of the ceased Employees' Family Pension Scheme, 1971, opts to exercise his option under paragraph 7.” A reading of the above clause shows that it covers various types of employees and not persons like the petitioners who have already retired from service. Emphasis is made in clause 2(b) that “employees have the option to become the members of the scheme with effect from 1.4.1993. Read with clause 2(a), it means that the same applies only to persons who are in employment as on 16.11.1995. Obviously, the Central Government while forming the scheme, has not made any provision which applies to persons like the petitioners who have retired from service between 1.4.1993 and 16.11.1995. A reading of clause 6(d) also shows that that will not apply to persons like the petitioners. Learned counsel for the petitioners then submitted that the exclusion of persons like the petitioners is arbitrary and OP 34711/2000 -3- unreasonable. 3. Learned counsel for the respondents pointed out that it is not a case where there was no pension scheme available at all at the relevant date of retirement of the petitioners. It is pointed out that Employees Family Pension Scheme, 1971 was in force and the petitioners have not joined that scheme also. It is well settled that no employee/pensioner can have a vested right to be a beneficiary of a particular scheme. It is left to the wisdom of the legislature or the executive, as the case may be, to make appropriate provisions covering the employees or retirees, as the case may be. The court cannot add words to the provisions of a statute or statutory rules. In the light of the above, the stand taken by the respondents that the petitioners are not covered by the Scheme is perfectly justified. Therefore, the writ petition is dismissed. (T.R. Ramachandran Nair, Judge.) kav/ OP 34711/2000 -4- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.34711 of 2000 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 6th March, 2008.