IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 OP.No. 26553 of 1999(J) ----------------------- PETITIONERS: ------------ 1. DISTRICT NATIONAL TEXTILE WORKERS UNION (INTUC), MADRAS SPINNERS LTD., PAMPAMPALLOM P.O., PALAKKAD DIST, REPRESENTED BY ITS SECRETARY N. SETHU. 2. DISTRICT TEXTILE MILL WORKERS UNION (CITU), DO.DO.REPRESENTED BY ITS PRESIDENT, T. SANKARAN. 3. PALAKKAD DIST. TEXTILE MAZDOOR SANGAM (BMS), DO.DO. REPRESENTED BY ITS SECRETARY, M. VIJAYAKUMAR. 4. PALAKKAD DIST. TEXTILE WORKERS UNION (AITUC), DO.DO.REPRESENTED BY ITS PRESIDENT C. MUTHUSWAMI. 5. PALAKKAD DIST. NATIONAL TEXTILE LABOUR UNION (HMS), GANESHPURAM, PAMPAMPALLOM P.O., PALAKKAD DIST., REPRESENTED BY ITS SECRETARY A. PALANISWAMI. BY ADV. SRI.S.SANTHOSH RESPONDENTS: ------------- 1. THE UNION OF INDIA, REPRESENTED BY ITS CABINET SECRETARY,.NEW DELHI 2. THE SECRETARY, MINISTRY OF LABOUR, GOVERNMENT OF INDIA, NEW DELHI. 3. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, ERANHIPALAM P.O., KOZHIKODE. 4. MADRAS SPINNERS LTD., REPRESENTED BY ITS MANAGING DIRECTOR, RACE COURSE MANSION, 8/1-M, RACE COURSE, COIMBATORE 641 018 TAMIL NADU. . SRI.N.N.SUGUNAPALAN (SR.) FOR R3 R4 BY ADVS. SRI.B.S.KRISHNAN (SR.) SRI.K.ANAND THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 44842 OF 1999 IN OP 26553 OF 1999 DISMISSED 22.5.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P1(a) TRUE COPY OF THE NOTICE DATED 15.9.99 ISSUED BY 4TH RESPONDENT. EXT.P1(b) ENGLISH TRANSLATION OF EXT.P1(a) EXT.P2 TRUE COPY OF THE COMMUNICATION DATED 13.9.99 ISSUED BY THE THIRD RESPONDENT. EXT.P3 TRUE COPY OF THE NOTIFICATION DATED 9.4.97 ISSUED BY 1ST AND 2ND RESPONDENTS. EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 20.9.99 PREFERRED BY THE PETITIONERS. 4TH RESPONDENT'S EXHIBITS: EXT.R4(a) TRUE COPY OF THE ORDER OF THE BOARD FOR INDUSTRIAL FINANCIAL RECONSTRUCTION. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O. P. NO. 26553 OF 1999 -------------------------------------------- Dated this the 22nd day of May, 2008 JUDGMENT This is an O.P. filed nine years back by the Workers' Union of the fourth respondent against orders of the third respondent reducing the rate of provident fund on account of financial hardship expressed by the company. It is seen that this Court passed an interim order on 27.10.1999 which means that provident fund at higher rate would have been collected. In any case there is no counter affidavit or statement filed on behalf of Regional Provident Fund Commissioner. I do not find any justification to keep the OP pending any longer because recovery of provident fund will depend upon the present claim of the petitioners and the current financial position of the company. O.P. is accordingly closed leaving open to the petitioners to make claim before the provident fund authorities and Government based on the present condition of the company. (C.N. RAMACHANDRAN NAIR) Judge kk 2