High Court of KeralaSingle Judge2023-01-23Review petitions dismissed

Review petitions in WP(C) Nos. 2607/2022, 28865/2021, 24753/2021 and 10407/2019 (RP Nos. 1027/2022, 1028/2022, 1029/2022 and 1049/2022) - Kerala High Court

Case / Petition Number:RP Nos.1027/2022, 1028/2022, 1029/2022, 1049/2022 (in WP(C) Nos. 2607/2022, 28865/2021, 24753/2021, 10407/2019)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
Judgment Date: 2023-01-23
Court Decision / Holding: These review petitions were dismissed; no grounds for review were found and the petitions fail.
Final Disposition: Review petitions dismissed

Parties to the Case

Appellants / Petitioners

Premaraj M.A.
Asok Kumar N.
Bhakta Meera K.
T. Sumangalamani Amma
S. Ferozkh an
Subramanian Padikkal
P.C. John
KFC Professionals Forum
KFC Staff Union
Reghu K.

Respondents

The Union of India, represented by the Secretary to Government, Department of Pension & Pensioner’s Welfare, GOI
Sanjeev Kaushik, IAS (Kerala Cadre), Additional Secretary to Government of India, Ministry of Finance
The Employees Provident Fund Organization, represented by its Regional Commissioner
The State of Kerala, represented by the Additional Chief Secretary, Department of Finance
The Board of Directors of Kerala Financial Corporation (KFC)
The Kerala Financial Corporation, represented by its Managing Director
(RP Nos.1027/2022, 1028/2022, 1029/2022 and 1049/2022)

Legal Representation & Advocates

Counsels for Petitioners

• Adv. V.R. Gopu
• Adv. G. Rajeev Potayil
• Adv. M.Rajeev (GP)
• Adv. V.R.Gopu

Counsels for Respondents

• Adv. Venugopal M.R
• Adv. Dhanya P. Ashokan
• Adv. M.Rajeev (GP)
• Adv. N.ita N.S

Case Synopsis & Summary

This judgment from the High Court of Kerala concerns four connected review petitions filed against a common judgment dated 27 September 2022. The petitions (RP Nos. 1027, 1028, 1029 and 1049 of 2022) arise from writ petitions challenging pension-related and EPF exemptions for the Kerala Financial Corporation (KFC). The petitioners argued that exemption under Section 17 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and related pension considerations should have prompted the framing or revival of a pension scheme, and contended that KFC is a State entity under Article 12, deserving statutory protection for employees. They urged the government to direct the implementation of an earlier pension scheme, and pressed concerns about the National Pension System (NPS) scheme without prior government consent. The Employees Provident Fund Organisation (EPFO) countered that KFC is not an establishment covered by the EPF Act since it was established under the State Financial Corporation Act, 1951, and that only a non-necessary party issue existed. The court found that the petitions had not disclosed grounds for review, rejected the arguments raised, and dismissed all four review petitions. The bench was a single judge, Justice Anu Sivaramaran.

Provisions of Law Cited

Section 17 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952Section 1(3)(b) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952State Financial Corporation Act, 1951Article 12 of the Constitution

Legal Doctrines & Maxims

D.S. Nakara and others v. Union of India (1983 KHC 325)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that exemption under Section 17 EPF Act would necessitate framing or revival of a pension scheme. They asserted Kerala Financial Corporation is a State under Article 12 and thus employees deserve statutory protections. It was urged that awareness of pension rights and NPS implications should have been addressed, and that government direction should have supported the earlier pension scheme.

Contentions of Respondents

EPFO contended that KFC is not covered under the EPF Act as it is established under the State Financial Corporation Act, 1951, with notification under Section 1(3)(b) excluding SFCS; the writ petitions’ prayers were indiscriminately treated as identical, which was not the case; the government had no obligation to alter pension arrangements.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
D.S. Nakara and others v. Union of India	[1983 KHC 325]	Mentioned Only	Cited in regard to pension principles; the court notes the reference but ultimately finds no ground to revise the writ judgments.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Review petitions in WP(C) Nos. 2607/2022, 28865/2021, 24753/2021 and 10407/2019 (RP Nos. 1027/2022, 1028/2022, 1029/2022 and 1049/2022) - Kerala High Court and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 23[RD] DAY OF JANUARY 2023 / 3RD MAGHA, 1944** **RP NO.1027 OF 2022** **JUDGMENT IN WP(C) 2607/2022 OF HIGH COURT OF KERALA DATED 27.9.2022** **---------------------** ## **- REVIEW PETITIONERS/PETITIONERS 1 TO 3 :** 1 PREMARAJ.M.A, AGED 67 YEARS S/O.LATE K.V.R NAIR, H-20, KB NSS COLONY, MALOORKUNNU P.O, KOZHIKODE- 673 012. 2 ASOK KUMAR.N, AGED 64 YEARS S/O.NARAYANAN, FLAT NO.3-A1, SAMRUDHI ENCLAVE, TKD ROAD, PATTOM P.O, THIRUVANANTHAPURAM-695 004. 3 BHAKTHA MEERA.K, AGED 63 YEARS D/O.SREEDHARAN, SASIPRIYA, ALUNGAL, THENHI PALAM, MALAPPURAM – 673 636. BY ADV V.R.GOPU ## **– - RESPONDENTS/RESPONDENTS 1 6 :** 1 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF PENSION & PENSIONER'S WELFARE, GOVERNMENT OF INDIA, NEW DELHI – 110 001. 2 SANJEEV KAUSHIK, IAS (KERALA CADRE), ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI – 110 001. 3 THE EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY ITS REGIONAL COMMISSIONER, ZONAL OFFICE, BHAVISHYA NIDHY BHAVAN, P.B NO.1016, PATTOM PALACE. P.O, THIRUVANANTHAPURAM-695 004. 4 THE STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 5 THE BOARD OF DIRECTORS, REPRESENTED BY ITS CHAIRMAN, RP Nos.1027, 1028, 1029 & 1049 OF 2022 -: 2 :- KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695 033. 5 THE KERALA FINANCIAL CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033. BY SRI.M.RAJEEV, GP BY SRI.M.R.VENUGOPAL BY SMT.NITA N.S. BY SMT.GIRIJA L., CGC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19.12.2022, ALONG WITH RP.1028/2022, 1029/2022 AND RP.1049/2022, THE COURT ON 23.01.2023 DELIVERED THE FOLLOWING: RP Nos.1027, 1028, 1029 & 1049 OF 2022 -: 3 :- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 23[RD] DAY OF JANUARY 2023 / 3RD MAGHA, 1944** **RP NO.1028 OF 2022 JUDGMENT IN WP(C) 28865/2021 OF HIGH COURT OF KERALA DATED 27.9.2022 ----------------** ## **- REVIEW PETITIONERS/PETITIONERS 1, 4 & 5 :** 1 T.SUMANGALAMANI AMMA, AGED 73 YEARS W/O.G.YATHEENDRA DAS, 'VAISAKHAM', SWAGATH NAGAR, ARAPPURA, THIRUVANANTHAPURAM - 695 013 (DATE OF RETIREMENT : 30.09.2006) 2 S.FEROZKHAN, AGE 75, S/O.SHAHUL HAMEED, T.C 25/2933, DHARMADESOM LANE, MALLOOR ROAD, VANCHIYOOR, THIRUVANANTHAPURAM – 695 035 (DATE OF RETIREMENT : 31.01.2005) 3 SUBRAMANIAN PADIKKAL, AGED 71, S/O.ANANDAN P, 613-A, HILITE LEPTIS, HILITE CITY, G.A COLLEGE P.O, KOZHIKODE – 673 014 (DATE OF RETIREMENT : 31.08.2007) BY ADV G.RAJAN POTAYIL ## **- RESPONDENTS/RESPONDENTS :** 1 THE STATE OF KERALA REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033. BY ADVS. SRI.VENUGOPAL.M.R SMT.DHANYA P.ASHOKAN SRI.M.RAJEEV, GP THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19.12.2022, ALONG WITH RP.1027/2022 AND CONNECTED CASES, THE COURT ON 23.1.2023 DELIVERED THE FOLLOWING: RP Nos.1027, 1028, 1029 & 1049 OF 2022 -: 4 :- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 23[RD] DAY OF JANUARY 2023 / 3RD MAGHA, 1944** **RP NO.1029 OF 2022** **JUDGMENT IN WP(C) 24753/2021 OF HIGH COURT OF KERALA DATED 27.9.2022** **-------------------** ## **- REVIEW PETITIONER/PETITIONER :** P.C.JOHN, AGED 70 YEARS S/O.CHACKO, KAVADIVILA PUTHEN VEEDU, NEDUMPANA P.O, KOLLAM – 691 576. BY ADV V.R.GOPU ## **- RESPONDENTS/RESPONDENTS 1 TO 5 :** 1 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY GOVERNMENT, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI – 110 001 2 THE EMPLOYEES PROVIDENT FUND ORGANIZATION, REPRESENTED BY ITS REGIONAL COMMISSIONER, ZONAL OFFICE, BHAVISHYA NIDHY BHAVAN, P.B NO.1016, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004. 3 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4 THE BOARD OF DIRECTORS, REPRESENTED BY ITS CHAIRMAN, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033. 5 THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033. RP Nos.1027, 1028, 1029 & 1049 OF 2022 -: 5 :- BY ADVS. VENUGOPAL.M.R DHANYA P.ASHOKAN NITA N.S. PRAVEEN K.V. SRI.M.RAJEEV, GP THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19.12.2022, ALONG WITH RP.1027/2022 AND CONNECTED CASES, THE COURT ON 23.1.2023 DELIVERED THE FOLLOWING: RP Nos.1027, 1028, 1029 & 1049 OF 2022 -: 6 :- **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 23[RD] DAY OF JANUARY 2023 / 3RD MAGHA, 1944** **RP NO.1049 OF 2022** **JUDGMENT IN WP(C) 10407/2019 OF HIGH COURT OF KERALA DATED 27.9.2022** **-------------------** ## **- REVIEW PETITIONERS/PETITIONERS :** 1 KFC PROFESSIONALS FORUM KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695 033 REPRESENTED BY ITS GENERAL SECRETARY, RAJAN POTAYIL, SMRITH MANDIR, PERUNTHANNI, VALLAKADAVU P.O., THIRUVANANTHAPURAM – 695 008. 2 KFC STAFF UNION KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695 033 REPRESENTED BY ITS GENERAL SECRETARY, SAMKUTTY B., BABU MANDIRAM, PANDITHITTA, AMBALANIRAPPU P.O., KOLLAM, PIN – 691 508. 3 REGHU.K., AGED 53 YEARS, S/O.KUTTAPPAN, SAKETHAM, BHARANIKKAVU SOUTH, PALLIKKAL P.O., ALAPPUZHA DISTRICT – 690 503. BY ADVS. D.SAJEEV LIGEY ANTONY ## **- RESPONDENTS/RESPONDENTS :** 1 THE STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2 THE EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY ITS REGIONAL COMMISSIONER, ZONAL OFFICE, BHAVISHYA NIDHY BHAVAN, RP Nos.1027, 1028, 1029 & 1049 OF 2022 -: 7 :- P.B.No.1016, PATTOM PALACE P.O., THIRUVANANTHAPURAM – 695 004. 3 THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695 033. 4 THE BOARD OF DIRECTORS, REPRESENTED BY ITS CHAIRMAN, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695 033. 5 THE SMALL INDUSTRIES DEVELOPMENT BANK, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, HEAD QUARTERS No.15, SIDBI TOWER, ASOK MARG, LUCKNOW, UTTAR PRADESH – 226 001. BY SRI.M.RAJEEV, GP BY SRI.M.R.VENUGOPAL BY SMT.NITA N.S. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19.12.2022, ALONG WITH RP.1027/2022 AND CONNECTED CASES, THE COURT ON 23.1.2023 DELIVERED THE FOLLOWING: RP Nos.1027, 1028, 1029 & 1049 OF 2022 -: 8 :- ## O R D E R R.P. No.1027 of 2022 in W.P.(C) No.2607 of 2022, R.P. No.1028 of 2022 in W.P.(C) No.28865 of 2021, R.P. No.1029 of 2022 in W.P.(C) No.24753 of 2021 and ## R.P. No.1049 of 2022 in W.P.(C) No.10407 of 2019 Dated this the 23rd day of January, 2023 These review petitions are filed by the petitioners in the writ petitions alleging that the common judgment dated 27.9.2022 is vitiated by errors apparent and is hence liable to be reviewed. 2. It is stated that certain exhibits produced by the petitioners have not been considered while the judgment was rendered. The main ground urged and argued is that the question whether the exemption granted to the Kerala Financial Corporation under Section 17 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 would necessitate the framing of a better pension scheme in terms of the said provision had not been considered by this Court. It is further contended that in the light of the sound financial condition of the Corporation, the State Government should have directed the implementation of the earlier pension scheme. 3. Having considered the contentions advanced, I notice that the 2[nd] respondent Employees Provident Fund Organisation RP Nos.1027, 1028, 1029 & 1049 OF 2022 -: 9 :- had filed a counter affidavit in W.P.(C) No.24753/2021 specifically stating that the Kerala Financial Corporation is not an establishment covered under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 as it is an establishment formed under the State Financial Corporation Act, 1951. It is stated that under Section 1(3)(b) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 a notification was issued with effect from 31.12.1978 specifically excluding State Financial Corporations established under the State Financial Corporation Act from the operation of the Act and that as such, the 2[nd] respondent Employees Provident Fund Organisation is not a necessary party to the writ petitions. 4. It is also contended that this Court proceeded on erroneous assumption that the prayers in the writ petitions were identical and hence some prayers were not considered. It is stated that the contention that Kerala Financial Corporation is State as defined under Article 12 of the Constitution and that employees are entitled to statutory protection was also not considered. It is also contended that considering the true spirit of the decision in D.S Nakara and others v. Union of India [1983 RP Nos.1027, 1028, 1029 & 1049 OF 2022 -: 10 :- KHC 325], the finding of this Court was not correct. It is stated that the contention that since pension is a subject of Concurrent list, the respondents had an obligation to protect the interest of the employees, who were forced to retire without pension was also not considered. It is also stated that the contention regarding the authority of KFC to implement NPS scheme without the prior consent of the Government was also not considered. These aspects now raised in these review petitions have been specifically raised and found against in the writ petitions. I am of the opinion that no grounds justifying a review has been raised in these review petitions. The review petitions fail and the same are, accordingly, dismissed. Sd/ANU SIVARAMAN JUDGE Jvt/9.1.2023