M. Nazimudeen v. Venjaramoodu Co-operative Rubber Marketing Society & Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN** **FRIDAY, THE 18[TH] DAY OF MARCH 2022 / 27TH PHALGUNA, 1943** ## **WP(C) NO. 28781 OF 2018** ## **PETITIONER/S:** **M.NAZIMUDEEN, AGED 59 YEARS S/O.MEERASAHIB,SHYNA COTTAGE, THYCADU, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT.** **BY ADVS. P.M. SANEER SHAJIN S.HAMEED** ## **RESPONDENT/S:** - **1 THE MANAGING DIRECTOR VENJARAMOODU CO-OPERATIVE RUBBER MARKETING SOCIETY, VENJARAMOODU, THIRUVANANTHAPURAM, PIN-695607.** - **2 THE JOINT REGISTRAR, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE EMPLOYEES SOCIETY, MATHURBHOOMI JUNCTION, THIRUVANANTHAPURAM-695 001.** - **3 THE SECRETARY, KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM-695 001.** - **4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001.** - ***5 STATE OF KERALA SOUGHT TO BE IMPLEADED (*ADDL.R5 IS IMPLEADED AS PER ORDER DATED 18.03.2022 IN I.A.NO.1/2022)** **BY ADVS.** **SRI.M.SASINDRAN, SC, KERALA STATE COOPERATIVE EMPLOYEES PENSION BOARD GOPAKUMAR R.THALIYAL M.S.VIJAYACHANDRAN BABU SMT.SURYA BINOJ,GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON** **18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 28781 OF 2018 ..2..** ## **JUDGMENT** The petitioner has filed this writ petition, challenging Ext.P11 passed by the 1[st] respondent, informing the petitioner that the Society is not liable to remit the provident fund contributions to the Pension Board and demanding the petitioner to remit the pension contribution. According to the petitioner, the 1[st] respondent has to remit the provident fund contributions to the Pension Board, which was deducted from the salary of the petitioner, while he was in service. 2. The petitioner had earlier approached this Court in W.P.(C) No.38668 of 2010, being aggrieved by the inaction on the part of the 1[st] respondent in remitting the provident fund contributions of the petitioner to the Pension Board. The said writ petition was disposed of by Ext.P9 judgment dated 01.08.2017, observing that, if the petitioner is prepared to pay any deficient amount to the ## **WP(C) NO. 28781 OF 2018 ..3..** Pension Board, then the Pension Board shall consider whether the petitioner is entitled to secure the full pension. If the petitioner makes any such payment or expresses his inclination to make such payment within a month from the date of receipt of a copy of the judgment, the same shall be considered by the Pension Board, and if the petitioner is allowed to do so, necessary action shall be taken in order to pay full pension to the petitioner in accordance with the provisions of the Employees' Provident Fund Pension Scheme, 1994. 3. However, the petitioner contends that without reference to Ext.P9, Ext.P10 demand notice has been issued and later Ext.P11 order has been passed by the 1[st] respondent, rejecting the petitioner's request for remitting the pension contributions. 4. According to the learned Counsel for the petitioner, while passing Exts.P10 and P11, the **WP(C) NO. 28781 OF 2018 ..4..** observations made in ExtP9 judgment was not taken into consideration. 5. The learned Counsel for the petitioner relies on a judgment of this Court in **Thulasi Devi B.** v. **Kerala State Coop.Employees Pension Board and Others** [2008 (4) KHC 498], wherein this Court has stated that the non-payment of the contribution by an employer is not a ground on which the Pension Board can delay the payment of pension. The petitioner further relies on a Division Bench decision of this Court in **Sambasivan Nair T.R.** v. **Kerala State Co-operative Employees Pension Board and Another** [2012 (3) KHC 518], wherein this Court has held that in case of default, Pension Board should not resort to revenue recovery proceedings. 6. The learned Counsel for the 1[st] respondent points out that the Society has remitted the contributions on time and it is not the fault on the part of the Society that **WP(C) NO. 28781 OF 2018 ..5..** the contribution due to the petitioner has been denied. 7. When the writ petition came up for further consideration today, it was submitted by the learned Counsel for the petitioner that the petitioner has preferred Ext.P14 representation before the Government highlighting his grievances with regard to the non-payment of contributions towards provident fund to the Pension Board. The limited prayer of the petitioner is for a consideration of Ext.P14, so that the issue can be given a quietus. 8. The learned Counsel for the petitioner submits that he has retired from service on 31.10.2007 and so far he has not been paid pension and he finds it difficult to meet both ends. 9. Though all the respondents have joined issues, I think interest of justice will be met, if there is a direction to the additional 5[th] respondent to consider Ext.P14, in accordance with law and in the light of the **WP(C) NO. 28781 OF 2018 ..6..** observations in Ext.P9 judgment and the decisions cited aforesaid. Accordingly, I order so. Before passing an order, the petitioner and respondents 1 and 3 shall also be heard. Orders as above shall be passed by the additional 5[th] respondent, within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment with a copy of Ext.P14 before the 1[st] respondent. The writ petition is disposed of with the above directions. **Sd/MURALI PURUSHOTHAMAN JUDGE** SB/18/03/2022 ## **WP(C) NO. 28781 OF 2018 ..7..** ## **APPENDIX OF WP(C) 28781/2018** ## **PETITIONER EXHIBITS** - **EXHIBIT P1 TRUE COPY OF THE LETTER DATED 13.09.2007 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.** - **EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 23.07.2009 SUBMITTED BEFORE THE MINISTER FOR CO-OPERATION.** - **EXHIBIT P3 TRUE COPY OF THE LETTER SENT BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 28.01.2009.** - **EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 07.12.2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF THE LETTER NO.PB/TPM/0046/MP DATED 02.03.2015 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.** - **EXHIBIT P6 TRUE COPY OF THE LETTER NO.CRB(1) 10356/14 DATED 16.05.2015 SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.** - **EXHIBIT P7 TRUE COPY OF THE LETTER NO.EM(5)12137/2015 DATED 10.06.2015 SENT BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM TO THE 2ND RESPONDENT.** - **EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE REGISTRAR OF COOPERATIVE SOCIETIES, THIRUVANANTHAPURAM DATED 15.07.2015.** **EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 01.08.2017 IN WPC NO.38668/2018 OF THIS HONOURABLE COURT.** **EXHIBIT P10 TRUE COPY OF THE DEMAND NOTICE DATED 07.11.2017 ALONG WITH CALCULATION PROFORMA FOR PENSION FUND ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.** ## **WP(C) NO. 28781 OF 2018 ..8..** **EXHIBIT P11 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 18.11.2017 TYO THE 3RD RESPONDENT.** - **EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 19.12.2017 ADDRESSED TO THE 1ST RESPONDENT SUBMITTED BY THE PETITIONER.** - **EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 08.01.2018 ADDRESSED TO THE 4TH RESPONDENT SUBMITTED BY THE PETITIONER.** - **EXHIBIT P14 A TRUE COPY OF THE REPRESENTATION DATED 25.02.2022 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.**