IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 29403 of 2007(A) ----------------------------------- PETITIONERS: --------------------- THE KERALA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD, METTUKADA, PUJAPPURA P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.M.L.SAJEEVAN SRI.M.N.SANJITH RESPONDENT: --------------- C.KRISHNAN ASAARY, VARUVILAKKATHU VEEDU, VELLARADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.D.ASOKAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.29403/2007 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE PHOTOCOPY OF THE COMPLAINT FILED BY THE RESPONDENT BEFORE THE LOK AYUKTA DTD. 15/7/06. EXT.P2 TRUE PHOTOCOPY OF THE OBJECTIO FILED BY THE PETITIONER BEFORE THE LOK AYUKTA. EXT.P3 TRUE PHOTOCOPY OF THE PASSBOOK OF THE RESPONDENT OF THE FUND AT CO- OPERATIVE BANK, THIRUVANANTHAPURAM, VELLARADA BRANCH. EXT.P4 TRUE PHOTOOPY OF THE ORDER OF THE LOK AYUKTA IN COMPLAINT NO.1914/2006 DTD. 22/8/07. TRUE COPY P.S. TO JUDGE. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.29403 OF 2007 ---------------------------- DATED THIS THE 1ST DAY OF APRIL, 2009 JUDGMENT The sole respondent is a building worker and member of the Kerala Building and Other Construction Workers Welfare Fund and as such a beneficiary of the Fund. He became a member on 13/7/1990. He contributed to the fund till 31/10/2003. The respondent has committed default in payment of the contribution to the fund three times continuously for a period of one year. On his attainment of the age of 60 years the respondent had applied for pension before the Executive Officer of the Board. That application was rejected by the Executive Officer for the reason that he had committed default in payment of contribution three times continuously for a period of one year and a direction was issued to refund the amount deposited with interest. 2. Rule 284 (2) of the Building and other Construction -2- W.P.(C).No.29403/2007 Workers (Regulation of Employment and Conditions of Service) Kerala Rules,1998 reads as follows: “If a beneficiary commits default in the payment of contribution continuously for a period of one year, he shall cease to be a beneficiary of the Fund. However, with the permission of the Secretary or an officer authorised by him in this behalf the membership may be resumed on repayment of arrears of contributions with a fine of Rs.2/- per month subject to the condition that such resumption shall not be allowed more than twice.” 3. The respondent in stead of approaching the Secretary or the Officer Authorised for resumption of membership, he lodged a complaint before the Lok Ayukta and by Ext.P5 order the Lok Ayukta allowed the application submitted by the complaint for pension and issued a direction to disburse the entire amount legally due to him within one month from the date of receipt of a copy of the order. -3- W.P.(C).No.29403/2007 I have gone through the definition “grievance” and “maladministration” as defined under the Kerala Lok Ayukta Act, 1999. The definition contemplates action in a claim by a person who had sustained injustice or undue hardship, in consequence of maladministration. Maladministration is also defined in Section 2A of the Act. By no stretch of imagination the order passed by the Board in accordance with Rule 284(2) of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Kerala Rules terminating the membership for the default committed can be termed as maladministration. Moreover, the respondent has no case that he had not regularly remitted the amount of contribution and is a defaulter under the rules. In fact his case is that he had subsequently remitted the amount and sought for resumption of membership. Rule 284(2) permits the aggrieved person to approach the Authorised Officer for resumption of membership. In addition to the said provision the respondent has a remedy by -4- W.P.(C).No.29403/2007 way of an appeal under Rule 290(4) of the Rules. In the circumstances, Ext.P4 order is quashed. The Secretary of the Board shall examine the grievance of the petitioner and pass appropriate orders within a period of two months from the date of receipt of a copy of this judgment. It is made clear that the petitioner is entitled to all the benefits under the Rules provided the respondent remitted the amount, if any, pursuant to the order passed by the Board. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv. -5- W.P.(C).No.29403/2007