WP(C) No. 2247 of 2010 and connected cases (Badagara Co-operative Rural Bank employees v. State of Kerala and others)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** # **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 4[TH] DAY OF AUGUST 2022 / 13TH SRAVANA, 1944** ## **WP(C) NO. 2247 OF 2010** ## **PETITIONERS:** - 1 SATHIS M. SECRETARY,,THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 2 NARAYANI.V.P SENIOR MANAGER,THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 3 MOHANAN.C, BRANCH MANAGER ,THE BADAGARA CO.OPERATIVE RURAL BANK LTD.NO.F.1264,VATAKARA1,KOZHIKODE DIST. - 4 ARAVINDAKSHAN.O.V., BRANCH MANAGER ,THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA1,KOZHIKODE DIST. - 5 VIMALA.K., BRANCH MANAGER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA1,KOZHIKODE DIST. - 6 RAMACHANDRAN MAMMALLY BRANCH MANAGER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA1,KOZHIKODE DIST. - 7 SAVITHRI MAMMALLY BRANCH MANAGER THE BADAGARA CO.OPERATIVE RURAL BANK LTD.NO.F.1264,VATAKARA1,KOZHIKODE DIST. - 8 SUNILKUMAR.M.BRANCH MANAGER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA1,KOZHIKODE DIST. - 9 JITHESH.T.V .BRANCH MANAGER THE BADAGARA CO.OPERATIVE RURAL BANK LTD.NO.F.1264,VATAKARA1,KOZHIKODE DIST. - 10 GOPALAKRISHNAN.M.V., BRANCH MANAGER THE BADAGARA CO.OPERATIVE RURAL BANK LTD.NO.F.1264,VATAKARA- ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 2 ``` - 1,KOZHIKODE DIST. - 11 RAVEENDRAN.R, BRANCH MANAGER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 12 PREMA.V.V ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 13 KOUSU.P.M ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 14 PRAKASAN.K ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 15 PRAMODSHERIN.M ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 16 CHANDRAN.M.P. ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 17 REMA.K.K, ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 18 PRAVEENA.M.P., ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST, - 19 REENA.R. ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 20 SAJITHKUMAR.K.P. ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 3 ``` - 21 PRABHAKARAN.T.K ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 22 CHANDRAN.O.P. ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 23 ANOOP KUMAR.K.R.ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 24 AJITH.K.T.K ACCOUNTANT THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 25 SIVAKUMAR.K SENIOR CLERK THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 26 BIJU.C.K SENIOR CLERK THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 27 REMESAN.K., JUNIOR CLERK THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 28 ASHOKAN.K.M.JUNIOR CLERK THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 29 VANAJA RAVEENDRAN.C.KJUNIOR CLERK THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 30 SEETHA.K.P JUNIOR CLERK THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 31 BIJU.V.PJUNIOR CLERK THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 4 ``` - 32 KALAJITH.K JUNIOR CLERK THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 33 RADHAKRISHNA VARRIAR.V.V.ATTENDER GR.III THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 34 CHANDRAN.M.P.ATTENDER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 35 GOPALAN.C.K .ATTENDER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 36 SREEDHARAN.K.ATTENDER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 37 VENUGOPALAN.N.ATTENDER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 38 VINU.T.KATTENDER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 39 REMESAN.E.MATTENDER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 40 SHAJI.T.K.ATTENDER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 41 LINEESHMON.V.PATTENDER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 42 RAVEENDRAN.P ATTENDER THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 5 ``` - 43 RAJESH.C.HSALESMANPEON - THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 44 RAJEEVAN.K.K SALESMANPEON THE BADAGARA CO.OPERATIVE RURAL , BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 45 JINEESH.V SALESMAN/ PEON THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 46 SANTHOSH KUMAR.V.K SALESMANPEON THE BADAGARA CO.OPERATIVE RURAL , BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 47 BINEESHAN.T.P SALESMANPEON THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 48 PRASHEELA.M SALESMANPEON THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 49 UDAYAKUMAR.P.K SALESMANPEON THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. - 50 VIPINLAL.P.C SALESMANPEON THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. 51 MANI.K SALESMANPEON THE BADAGARA CO.OPERATIVE RURAL, BANK LTD.NO.F.1264,VATAKARA-1,KOZHIKODE DIST. 52 BALAKRISHNAN.M DRIVER THE BADAGARA CO-OPERATIVE RURAL BANK LTD,NO.F.1264, VATAKARA-1, KOZHIKODE DISTRICT. 53 GOPALAN.R.MCLEARNER THE BADAGARA CO-OPERATIVE RURAL BANK LTD,NO.F.1264, VATAKARA-1, KOZHIKODE DISTRICT. ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 6 ``` 54 JAYACHANDRAN.K.KATTENDER GRADE III THE BADAGARA CO-OPERATIVE RURAL BANK LTD,NO.F.1264, VATAKARA-1, KOZHIKODE DISTRICT. BY ADVS. SRI.E.K.NANDAKUMAR SRI.V.J.ANAND SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI ## **RESPONDENTS:** - 1 STATE OF KERALA SECRETARY TO GOVERNMENT OF KERALA,, DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM. - 2 THE SECRETARY TO GOVERNMENT CO-OPERATIVE GOVERNMENT, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM. - 3 REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION,, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN',, ERANHIPALAM, KOZHIKODE. - 4 KERALA STATE CO.OPERATIVE EMPLOYEES PENSION BOARD,THIRUVANANTHAPURAM- 695 001,, REPRESENTED BY ITS SECRETARY. - 5 THE BADAGARA CO.OPERATIVE RURAL BANK LTD NO.F.1264, VATAKARA-1, KOZHIKODE DISTRICT, REPRESENTED BY ITS PRESIDENT. BY ADVS. SRI.M.SASINDRAN SRI.B.KRISHNAN SRI.R.PARTHASARATHY SR.G.P.SRI. C.N.PRABHAKARAN SRI.THOMAS MATHEW NELLUMOOTTIL -SC (PF) ``` WP(C) NO. 2247 OF 2010 & con. cases ``` **==> picture [8 x 9] intentionally omitted <==** THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, ALONG WITH WP(C).17360/2014, 27818/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 8 ``` ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 4[TH] DAY OF AUGUST 2022 / 13TH SRAVANA, 1944** ## **WP(C) NO. 17360 OF 2014** ## **PETITIONERS:** - 1 HAREENDRAANATH K.K. RETIRED SECRETARY, BADAGARA CO-OPERATIVE RURAL BANK LTD.NO.F 1264, RESIDING AT SREE SAILAM, KANDAMKANDY, VADAKARA, KOZHIKODE DISTRICT. - 2 BALAN.M.M. RETIRED SECRETARY, BADAGARA CO-OPERATIVE RURAL BANK LTD.NO.F 1264, RESIDING AT CHITHRASILA, ONJIYAM, VADAKARA, KOZHIKODE DISTRICT. BY ADVS. SRI.P.V.SURENDRANATH SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK ## **RESPONDENTS:** - 1 REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, ERANHIPALAM, KOZHIKODE, PIN-673000. - 2 ACCOUNTS OFFICER SUB REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, ERANHIPALAM, KOZHIKODE, PIN-673000. - 3 BADAGARA CO-OPERATIVE RURAL BANK LTD.NO.F 1264 VATAKARA, KOZHIKODE, REPRESENTED BY ITS SECRETARY, PIN673101. - 4 KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD TRIVANDRUM-695001, REPRESENTED BY ITS SECRETARY. ``` 9 ``` ``` WP(C) NO. 2247 OF 2010 & con. cases ``` - 5 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. SRI.M.SASINDRAN – SC, BOARD) G.P.SRI. C.N.PRABHAKARAN (SR). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, ALONG WITH WP(C).2247/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 10 ``` ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 4[TH] DAY OF AUGUST 2022 / 13TH SRAVANA, 1944** ## **WP(C) NO. 27818 OF 2020** ## **PETITIONERS:** - 1 E.SREEDHARAN AGED 65 YEARS EDAYATH HOSUE, NADAKKUTHAZHA P.O., VATAKARA, KOZHIKODE673 014. - 2 A.P.VIJAYAN, SUMAM, CHORODE EAST P.O., KOZHIKODE-673 106. - 3 P.VALSALAN KEEZHATHAMKANDIYIL, NADAKKUTHAZHA P.O., VATAKARA, KOZHIKODE-673 104. - 4 P.PREMAN PARAKKAL HOUSE, NADAKKUTHAZHA P.O., VATAKARA, KOZHIKODE-673 104. - 5 V.R.VIOND NEELAMBARI, ARATHIL ONDAM, VATAKARA P.O., KOZHIKODE-673 101. BY ADVS. M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN ## **RESPONDENTS:** 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT, NEW DELHI-110001. ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 11 ``` 2 THE REGIONAL PROVIDENT FUNDS COMMISSIONER EMPLOYEES PROVIDENT FUNDS ORGANISATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KOZHIKODE-673 006. - 3 BADAGARA CO-OPERATIVE RURAL BANK F 1264 BADAGARA, KOZHIKODE DISTRICT 673 101 REPRESENTED BY ITS SECRETARY. BY ADVS. SMT.VANDANA P., CGC DR.ABRAHAM P.MEACHINKARA – SC, P.F. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, ALONG WITH WP(C).2247/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 12 ``` ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 4[TH] DAY OF AUGUST 2022 / 13TH SRAVANA, 1944** ## **WP(C) NO. 34620 OF 2019** ## **PETITIONERS:** - 1 E.SREEDHARAN AGED 64 YEARS EDAYATH HOUSE, NADAKKUTHAZHA P.O, VATAKARA, KOZHIKODE PIN 673 104. - 2 A.P VIJAYAN, SUMAM, CHORODE EAST P.O, KOZHIKODE PIN 673 106. - 3 P. VALSALAN, KEEZHATHAMKANDIYIL , NADAKKUTHAZHA P.O, VATAKARA, KOZHIKODE PIN 673 104. 4 P. PREMAN, PARAKKAL HOUSE, NADAKKUTHAZHA P.O, VATAKARA, KOZHIKODE PIN 673 104. - 5 V.R VINOD, NEELAMBARI, ARATHIL ONDAM, VATAKARA P.O, KOZHIKODE PIN 673 101. - 6 K.P PRADEEPKUMAR, SECRETARY, VATAKARA CO-OPERATIVE RURAL BANK VATAKARA P.O, KOZHIKODE PIN 673 101. - 7 RAVIKRISHNAN E, ACCOUNTANT, VATAKARA CO-OEPRATIVE RURAL BANK, VATAKARA P.O, KOZHIKODE PIN 673 101. - 8 JEEJA T.P, BRANCH MANAGER, VATAKARA CO-OPERATIVE RURAL BANK, VATAKARA P.O, KOZHIKODE PIN 673 101. BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI ``` 13 ``` ``` WP(C) NO. 2247 OF 2010 & con. cases ``` JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. - 2 THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001. - 3 ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, ERANHIPALAM P.O, KOZHIKODE 673 006. - 4 KERALA STATE CO-OPERATIVE EMMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM 695 001, REPRESENTED BY ITS SECRETARY. - 5 THE BADAGARA CO-OPERATIVE RURAL BANK LTD NO. F 1264, VATAKARA P.O, KOZHIKODE DISTRICT 673 101 REPRESENTED BY ITS PRESIDENT. BY ADVS. DR.ABRAHAM P.MEACHINKARA, SC, EPF ORG. SRI.M.SASINDRAN, SC, KERALA STATE COOPERATIVE EMPLOYEES PENSION BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, ALONG WITH WP(C).2247/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 14 ``` ## **JUDGMENT** Since the issues arising in these writ petitions are one and the same, they were heard together and are disposed of by this common judgment. For the sake of convenience, unless otherwise specifically indicated, the exhibits referred to herein below shall be as obtaining in W.P.(C) No.2247/2010. 2. The petitioners in these writ petitions are employees of Badagara Co-operative Bank (hereinafter referred to as 'Bank', for short), a primary Co-operative society, registered under the provisions of the Kerala Cooperative Societies Act, 1969. The Bank is an establishment under the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 (EPF &MP Act, in short) with establishment code KR/KK/2256. The petitioners were members of the Employees Family Pension Scheme, 1971 under the EPF &MP Act from its commencement on ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 15 ``` 01.03.1971. The Employees Family Pension Scheme, 1971 was repealed by the Employees Pension Scheme, 1995 and the petitioners became members of that scheme. The rate of employers' as well employees' contribution payable to the Provident Fund is 12%. Out of the employers' contribution of 12%, 8.33% is remitted to the pension fund. 3. The Government of Kerala has issued G.O.(P) No.44/95/Co.op. dated 14.03.1995 whereby a Pension Scheme has been introduced covering the employees of the Co-operative Societies in the State by name ' the Kerala Co-operative Employees Self Financing Pension Scheme, 1994'. 4. Later, the Government issued Ext.P1 notification under Section 17 (1C) of the EPF & MP Act exempting the Primary Co-operative Societies in the State of Kerala to which the Kerala State Co-operative Societies Employees Self Financing Pension Scheme, 1994 is applicable from ``` WP(C) NO. 2247 OF 2010 & con. cases ``` **==> picture [16 x 9] intentionally omitted <==** the operation of the Employees Pension Scheme, 1995 under the EPF & MP Act so as to enable the employees in the Primary Co-operative Societies to enroll as members under the Kerala Co-operative Societies Self Financing Pension Scheme, 1994 and to get pension under that Scheme. 5. The Government issued yet another notification G.O. (P) No. 128/06/Co-op dated 12.07.2006 making the Kerala Co-operative Societies Self Financing Pension Scheme, 1994 applicable to all Primary Co-operative Societies in the State with effect from 03.06.1993. 6. Pursuant to Ext.P1, the Regional Provident Fund Commissioner (Pension) issued Ext.P2 circular requesting all Regional Provident Fund Commissioners in the State to take steps to transfer the transfer value in respect of the employees of Primary Co-operative Societies to the Kerala Co-operative Employees Pension Board along with the details of the employees. ``` WP(C) NO. 2247 OF 2010 & con. cases ``` **==> picture [16 x 9] intentionally omitted <==** 7. Thereafter, the 4[th] respondent, the Kerala State Co-operative Employees Pension Board has issued Ext.P3 circular to the Primary Co-operative Societies to enroll the Bank/Society as well as the employees in the Kerala State Co-operative Societies Employees Self Financing Pension Scheme, 1994. 8. Some of the petitioners had earlier approached this Court challenging Exts.P1, P2 and P3 and they were relegated to the Government and the Government rejected their request by Ext. P6 order. 9. Exts.P1, P2, P3 and P6 are challenged by the employees of the Bank in this batch of writ petitions contending that the Pension Scheme under the EPF and MP Act is more beneficial and favourable to them and the Government ought not to have issued notification exempting the Primary Co-operative Societies from the purview of the Employees Pension Scheme, 1995 under the EPF & MP Act. They have sought for declaration that ``` WP(C) NO. 2247 OF 2010 & con. cases ``` **==> picture [16 x 9] intentionally omitted <==** they are entitled to continue under the Employees Pension Scheme, 1995. 10. A Division Bench of this Court, by judgment dated 27.6.2012 in W.A No.1019/2012 and connected cases **[Kerala State Co-operative Employees Pension Board v. C.D. Udayakumar, 2012 (3) KHC 591 : 2012** **(3) KLT 820]** held that, since both the Kerala State Cooperative Societies Employees Self Financing Pension Scheme, 1994 and the Employees Pension Scheme, 1995 operate for the benefit of the employees, those who wish to opt to transfer the membership from the Employees Pension Scheme, 1995 can apply for the same and in such cases, the EPF Commissioner shall transfer the funds. 11. Against the said judgment, the Employees' Provident Fund Organization filed a Review Petition contending that, the Employees Pension Scheme, 1995 does not provide any right of option to the individual employees and the exemptions or exclusions provided ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 19 ``` under the EPF & MP Act or Employees Pension Scheme, 1995 enable only an establishment to opt for any other Scheme. The Division Bench, by order dated 27.7.2016 in R.P. No.992/2012 and connected cases **[Employees' Provident Fund Organization, Tvm v. Kerala State Co-operative Employees Pension Board, 2016(5) KHC 414]** held that, an exclusion or exemption from provisions of the Employees Provident Fund Act and the Schemes made thereunder, with respect to any individual employees who were already registered, can only be granted under due process of law, as contemplated in Sections 16(1)(b) or 17(1C) of the EPF & MP Act. 12. Accordingly, the Division Bench reviewed the earlier judgment in **C.D. Udayakumar** (supra) to the extent it permitted individual employees to opt for transfer of membership from the Employees Pension Scheme, 1995 and clarified that the transfer of such funds can be made only on the basis of the order of exemption or exclusion if ``` 20 ``` ``` WP(C) NO. 2247 OF 2010 & con. cases ``` any obtained either under Section 17(1C) or under Section 16 (1)(b) of the EPF & MP Act after undergoing requisite legal formalities. Paragraphs 8 to 11 of the decision in **Employees' Provident Fund Organization, Tvm** ## (supra) are extracted hereunder. “ 8. The Employees Provident Fund Organisation is seeking review of the above quoted observations, by raising a contention that exemption/exclusion cannot be granted to individual employees of a registered establishment. Rather, the contention is that, the exemption or exclusion contemplated under section 17(1C) or under section 16(1) (b) can be granted only to an establishment. On behalf of the employee's organisations and the individual employees, who were petitioners in the writ petitions , it is vehemently contended that, their membership in the Employees Pension Scheme 1995 are not liable to be terminated or that they cannot be compelled to join the Self Financing Pension Scheme. Referring to various provisions in the EPF Act and in the schemes formulated thereunder it is contended that, such transfer can be made only on the basis of consent of the individual employee concerned. In this regard much emphasis was placed on provisions contained in Section 17C of the EPF Act 1952 as well as in Paragraph 13 of the Employees Pension Scheme 1995. It is also pointed out that, with respect to retired employees benefits available to them or any of their service conditions could not be altered unilaterally, after their retirement, in any manner prejudicial to them. Various legal precedents settled on this point were also pointed out during the argument. 9. Evidently, findings contained in the judgments of the Division Bench that the employees/retired employees cannot be compelled to join the Self Financing Pension Scheme, unless the establishments are excluded/exempted from provisions of the Employees Provident Fund Act and the Schemes made thereunder, stands unchallenged. Therefore, contention of the review ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 21 ``` petitioners that the permission granted by the Division Bench to individual employees to apply for transfer of the membership is based on a misconception of law, has got basis and relevance. The provisions do not enable any individual employee or retired employee to seek transfer of the fund, without there being any exclusion or exemption of the establishment. Therefore such liberty cannot be permitted by this court. Needless to observe that, such liberty provided under the impugned judgment will run contrary to provisions of law which is relevant on the issue. Of course, as observed in the impugned judgment, nothing will prevent any employee or retired employee to join the Self Financing Pension Scheme and to have availed benefits from both the schemes. But, at any rate, an exclusion or exemption from provisions of the Employees Provident Fund Act and the Schemes made thereunder, with respect to any individual employees who were already registered, can only be granted under due process of law, as contemplated in section 16 (1)(b) or 17C. As long as any valid exemption/exclusion is not obtained, operation of the provisions of the EPF Act and the Pension Schemes formulated thereunder will survive. 10. It is brought to our notice that the State Government as well as the appellant Board have filed various special leave petitions before the hon'ble Supreme Court challenging the judgments of the Division Bench. An order passed by the hon'ble Supreme Court dated 15.7.2014 is placed for our perusal. It is clear that the hon'ble Supreme Court, had clarified that the granting of leave in those SLPs will not be a hurdle for the High Court to decide the applications for review filed by the Employees Provident Fund Organisations (EPF). This court was requested to dispose of the applications for review within two months on its merits. Further, liberty of the parties to assail the order if any passed in the review was also reserved. It is on the basis of the above directions that the Review Petitions are considered. 11. In view of the findings rendered in the forgoing paragraphs, we are of the considered opinion that the directions contained in the judgment of the Division Bench of this court, to the extent it permitted individual employees to opt for transfer of membership from the ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 22 ``` Employees Provident Fund Scheme, 1952 and from the Employees Pension Scheme, 1995, will run contrary to the statutory provisions. The Review Petitions are allowed to the extent of modifying the judgments in that respect. It is clarified that the transfer of such funds can be made only on the basis of order of exemption/exclusion if any obtained either under section 17(1C) or 16(1)(b) of the EPF Act 1952, after undergoing requisite legal formalities, including obtainment of consent from the employees, if required.” 13. In the light of the order of the Division Bench in R.P. No.992/2012 ( **Employees' Provident Fund Organization, Tvm** (supra), the employees of primary Co-operative Societies cannot exercise any option to be members of the Employees Pension Scheme, 1995. By virtue of Ext.P1 and G.O. (P) No. 128/06/Co-op dated 12.07.2006, the employees of the primary Co-operative Societies have become members of the Kerala State Cooperative Societies Employees Self Financing Pension Scheme, 1994. Ext.P2 provides for transfer of funds from the Employees Pension Scheme, 1995 to Kerala State Cooperative Societies Employees Self Financing Pension Scheme, 1994. The contributions paid by them under the Employees Pension Scheme, 1995 are to be transferred to ``` WP(C) NO. 2247 OF 2010 & con. cases ``` **==> picture [16 x 9] intentionally omitted <==** the 4[th] respondent Board in terms of Ext. P2. 14. In respect of the petitioners in W.P.(C) No.2247/2010, there is an interim direction permitting them to continue under the Employees Provident Fund Scheme, 1995. The said direction will stand vacated. 15. It is submitted by the learned counsel for petitioners that most of the petitioners have retired from service and they have not received pension. There will be a direction to the Regional Provident Fund Commissioner, Kozhikode to transfer the transfer value / contributions made by the petitioners under the Employees Pension Scheme, 1995, if not already transferred, to the Kerala State Co-operative Societies Employees Self Financing Pension Scheme, 1994 under the Kerala State Cooperative Pension Board, within a period of six weeks from the date of receipt of a copy of this judgment. There will be a further direction to the Kerala State Co-operative Pension Board to process the applications of the petitioners ``` WP(C) NO. 2247 OF 2010 & con. cases ``` **==> picture [16 x 9] intentionally omitted <==** as per the Kerala State Co-operative Societies Employees Self Financing Pension Scheme, 1994 and disburse the pension due to them within a period of three months from the date on which their contributions are transferred by the Employees Provident Fund Organisation to the Kerala State Co-operative Pension Board. 16. In the light of the above directions, no further directions are required in W.P.(C) No.27818/2020. Accordingly, the same is closed. W.P.(C) Nos.2247/2010, 17360/2014 and 34620/2019 are disposed of. Sd/- **MURALI PURUSHOTHAMAN JUDGE** al/-.. ``` 25 ``` ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ## **APPENDIX OF WP(C) 2247/2010** PETITIONER EXHIBITS EXHIBIT P1 - TRUE COPY OF THE GOVERNMENT NOTIFICATION DATED 19.06.2006. - EXHIBIT P2 TRUE COPY OF THE CIRCULAR ISSUED BY THE 3RD RESPONDENT DATED 07.11.2008. EXHIBIT P3 TRUE COPY OF THE CIRCULAR DATED 22.01.2009 ISSUED BY THE 4TH RESPONDENT. - EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 13.07.2009 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C)NO.21214/2009 DATED 28.07.2009. - EXHIBIT P6 TRUE COPY OF THE ORDER DATED 07.12.2009 PASSED BY THE FIRST RESPONDENT. RESPONDENT EXHIBITS - EXHIBIT R3(A) TRUE COPY OF WRIT PETITION 31775/2006 WITHOUT EXHIBITS. EXHIBIT R3(B) TRUE COPY OF JUDGMENT DATED 07.01.008 OF THIS HON'BLE COURT IN WP(C) 31775/06. ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 26 ``` ## **APPENDIX OF WP(C) 17360/2014** PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE APPLICATION FOR MONTHLY PENSION UNDER THE EMPLOYEES PENSION SCHEME 1995 UNDER THE EPF & MP ACT SUBMITTED BY THE PETITIONER NO.1 DATED 10.10.2013. Ext.P2 COPY OF THE APPLICATION FOR MONTHLY PENSION UNDER THE EMPLOYEES PENSION SCHEME 1995 UNDER THE EPF & MP ACT DATED 17.10.2013 SUBMITTED BY THE PETITIONER NO.2. Ext.P3 COPY OF THE COMMUNICATION DATED 12.3.2014 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT. - Ext.P4 COPY OF THE COMMUNICATION DATED 12.3.2014 ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT. - Ext.P5 COPY OF THE GOVERNMENT NOTIFICATION DATED 19.6.2006. - Ext.P6 COPY OF THE CIRCULAR DATED 7.11.2008 ISSUED BY THE 1ST RESPONDENT Ext.P7 COPY OF THE CIRCULAR NO.1 OF 2009 DATED 22.1.2009 TO THE 3RD RESPONDENT ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 27 ``` ## **APPENDIX OF WP(C) 27818/2020** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 15.10.2020. ``` WP(C) NO. 2247 OF 2010 & con. cases ``` ``` 28 ``` ## **APPENDIX OF WP(C) 34620/2019** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE GOVERNMENT NOTIFICATION DATED 19-06-2006. - EXHIBIT P2 - TRUE COPY OF THE CIRCULAR ISSUED BY THE EMPLOYEES PROVIDENT FUND ORGANISATION, TRIVANDRUM DATED 07-11-2008. EXHIBIT P3 - TRUE COPY OF THE COMMON JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO. 21637/2009 DATED 7-2-2012. - EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 13-07-2012 IN WRIT APPEAL NO. 724/2012. EXHIBIT P5 - TRUE COPY OF THE ORDER DATED 27-7-2016 IN R.P NO. 992/2012 OF THE HON'BLE HIGH COURT OF KERALA. - EXHIBIT P6 - TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN CIVIL APPEAL NO. 2933/2019 EXTENDING THE INTERIM ORDER DATED 29-03-2019. - EXHIBIT P7 - TRUE COPY OF THE APPLICATION FOR MONTHLY PENSION IN FORM 10D DATED 13-04-2019 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. - EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 19-082019 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER.