IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 8501 of 2010(K) ------------------------- PETITIONER(S): --------------- 1. M.K.KUTTAPPAN, AGED 57 YEARS, S/O.KESAVAN, MARANGATTU HOUSE, LONE TREE P.O., LONE TREE VIA UPPUTHARA - 685 505. 2. ANTHONYAMMA, W/O.ANTHONYMUTHU ALAVAYIL HOUSE, PORIKANNI, LONE TREE P.O. VIA UPPUTHARA - 685 505. 3. LEELAMMA VARGHESE, PUTHENPARAMBIL HOUSE, PORIKANNI, PUTHUVEL, LONE TREE POST - 685 505. BY ADV. SRI.VIJAI MATHEWS RESPONDENT(S): --------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER, PROVIDENT FUND OFFICE, ERNAKULAM. 2. PROVIDENT FUND COMMISSIONER, (PENSION), EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, CHALAKUZHY BUILDING, KOTTAYAM. 3. THE PEERMADE TEA COMPANY LTD., REPRESENTED BY S.K.STEPHEN, SECTION OFFICER, LONE TREE ESTATE, NOW AT KAVAKKULAM ESTATE OFFICE, FAIR FIELD P.O., ELAPPARA, IDUKKI DISTRICT - 685 501. ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J ........................................... WP(C).NO.8501 OF 2010 ............................................ DATED THIS THE 5TH DAY OF APRIL, 2010 JUDGMENT The petitioners have filed this writ petition complaining that their entire service has not been taken into account for the calculation of their pension under the Employees Self Financing Pension Scheme, 1995. The petitioners were permanent employees of the Lone Tree Estate under the third respondent, Company. The Company was closed down and a number of persons including the petitioners lost their jobs. According to the petitioners, though they had joined the Provident Fund Pension Scheme earlier, and had made remittances towards that Scheme also, their entire service has not been taken into account while computing the pension payable to them. Though the petitioners have a total service of 29 years, pension has been calculated taking into account only a small length of their service. 2. Adv.Joy Thattil Itoop who appears for the first respondent submits that pension is being paid to the employees on the basis of their length of service as per the records furnished by the Company. If Wpc 8501/2010 2 there were anomalies in the fixation of pension, or complaints regarding the length of their service, the petitioners were free to submit representations pointing out such defects. If such representations were submitted, they would be considered and appropriate orders would be passed, without delay. 3. In view of the above submission, this writ petition is disposed of directing the petitioners to submit their grievances to the second respondent. If such grievances are submitted, they shall be considered and appropriate orders shall be passed thereon by the second respondent, in accordance with law as expeditiously as possible and at any rate within a period of one month from the date of receipt of such representation. K.SURENDRA MOHAN, JUDGE lgk