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Kerala High Court

The Feroke Service Co-Operative vs The State Of Kerala Represented By The on 4 October, 2006

Author: K.Thankappan

Bench: K.Thankappan

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5024 of 2004(W)


1. THE FEROKE SERVICE CO-OPERATIVE
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE SECRETARY TO GOVERNMENT,

3. THE KERALA STATE CO-OPERATIVE EMPLOYEES

4. REGIONAL PROVIDENT FUND COMMISSIONER,

                For Petitioner  :SRI.P.J.MATHEW

                For Respondent  :SRI.R.SUDHIR, SC, P.F.

The Hon'ble MR. Justice K.THANKAPPAN

 Dated :04/10/2006

 O R D E R
                               K.THANKAPPAN, J.
                           ------------------------------------
                            W.P.(C)NO. 5024 OF 2004
                           ------------------------------------


                     Dated this the 4th day of October, 2006


                                    JUDGMENT

The petitioner - Feroke Service Co-operative Bank filed Ext.P7 representation before the first respondent to exempt the Bank from the operation of the pension scheme framed under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "the Act") in so far as the employees of the Bank are concerned. The petitioner also seek permission to enroll as a member under the Kerala State Co-operative Societies Employees Self Financing Pension Scheme, 1994 which is more favourable and beneficial to the employees of the Bank than the Employees Pension Scheme, 1995 provided under the Act.

Since the first respondent did not consider Ext.P7 in time, the petitioner filed W.P.(C)No.22666 of 2003 and this Court as per Ext.P8 judgment dated 16.7.2003 directed the first respondent to consider the representation and pass appropriate orders within two months from the date of production of a copy of the judgment and now as per Ext.P9 order, the first respondent rejected the representation. Aggrieved by the above, the petitioner has approached this Court.

2. Though as per the provisions of the Kerala Co-operative Societies Act, 1969 and the Kerala State Co-operative Societies Employees Self Financing Pension Scheme, 1994, the Co-operative Department of the State Government is empowered to grant exemption from the operation of the pension scheme framed under the Act, the first respondent rejected the representation. Ext.P9 order has no legal stand in the light of the recent order passed by the Government , G.O.(MS) No. 44/2006/LBR dated 19.6.2006 by which exemption is granted to the Primary Co-operatives Societies in the State of Kerala from the operation of the Employees Pension Scheme, 1995 under the Act so as to enable the employees of the Primary Co-operative Societies to enroll as members under the Kerala State Co-operatives Societies Self Financing Pension Scheme, 1994 and to get pension under that scheme. Accordingly, Ext.P9 is quashed and the second respondent is directed to reconsider the issue and take a decision on Ext.P7 in the light of the subsequent Government Order. The petitioner shall produce a copy of this judgment before the second respondent for compliance.

The Writ Petition is disposed of as above.

(K.THANKAPPAN, JUDGE) sp/