Disposed

Rajan.K.O., v. Kerala State Beverages (M and M) Corporation Ltd.

Kerala HC7 Feb 2019WP(C)/642/2019

Case brief

AI extract

What is this about?

High Court directed the Employer to forward the retired petitioner's application to the Provident Fund Commissioner within ten days. The Authority must credit dues with interest within one month of receiving the application.

What did the court decide?

Corporation directed to forward application within 10 days; Authority to credit dues with interest within one month.

Rajan.K.O., Vs Kerala State Beverages (M and… — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 07TH DAY OF FEBRUARY 2019 / 18TH MAGHA, 1940

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WP(C).No.642 of 2019

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PETITIONER/S:

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RAJAN.K.O., AGED 65 YEARS, S/O.OUSEPH, KURUMBATH HOUSE, MALAYINKEEZHU, KOTHAMANGALAM.

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BY ADVS. SRI.DEEPU THANKAN SRI.A.ABDUL NABEEL SMT.UMMUL FIDA

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RESPONDENT/S:

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1 KERALA STATE BEVERAGES (M AND M) CORPORATION LTD., SASTHAMANGALAM, THIRUVANANTHAPURAM, REP.BY ITS MANAGIGN DIRECTOR-695010.

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2 REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYA NIDHI BHAWAN, PATTOM, THIRUVANANTHAPURAM -695004.

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BY ADVS. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN, SC, EPFO SRI.NAVEEN T, SC, KSBCMM

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2019 ALONG WITH W.P.(C)NO.670/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.642 & 670/2019 2

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY,THE 07TH DAY OF FEBRUARY 2019 / 18TH MAGHA, 1940

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WP(C).No.670 of 2019

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PETITIONER/S:

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ELDOSE K.M., AGED 67 YEARS, S/O.MATHAI, KALLARAKKAL HOUSE, PANIYELI P.O., VENGUR VIA, PERUMBAVOOR, ERNAKULAM DISTRICT.

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BY ADVS. SRI.DEEPU THANKAN SMT.UMMUL FIDA SRI.A.ABDUL NABEEL

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RESPONDENT/S:

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1 KERALA STATE BEVERAGES (M AND M) CORPORATION LTD., SASTHAMANGALAM, THIRUVANANTHAPURAM, REP.BY ITS MANAGING DIRECTOR -695010.

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2 REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYA NIDHI BHAWAN, PATTOM, THIRUVANANTHAPURAM -695004.

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BY ADVS. SRI.N.N.SUGUNAPALAN (SR.) SRI.NAVEEN T, SC, KSBCMM SRI.S.SUJIN, SC, EPFO

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2019 ALONG WITH W.P.(C) NO.642/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.642 & 670/2019 3

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JUDGMENT

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The petitioner in both writ petitions retired from the service of the Kerala State Beverages Corporation Limited (for short, the Corporation). Till 2010, the petitioners as well as the employer-Corporation were contributing to the Employees Provident Fund Scheme. On implementation of Abkari Workers Welfare Fund Scheme in the Corporation, payment of contribution to the Employees Provident Fund (EPF) was stopped. The contribution, thereafter, was made under the Abkari Workers Welfare Fund Scheme. The petitioners retired from the service some years back. The petitioners have approached this Court seeking a direction to the Provident Fund Authority to return the amount to the Corporation. The petitioners who are retired from the service some years back and returned their amount lying in the credit of EPF.

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The learned counsel for the Corporation would submit that the Provident Fund Authority shall not make demand for contribution after 2010 from them and that shall be safeguarded.

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WP(C).Nos.642 & 670/2019 4

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It is to be noted that the contribution to EPF was stopped after 2010. The petitioners' contribution after 2010 was under the Kerala Abkari Workers Welfare Fund Scheme. The petitioners had not raised any objection in the scheme covered under the Abkari Workers Welfare Fund Scheme. It is to be noted that the petitioner in W.P.(C) No.642/2019 retired in the year 2014 and the petitioner in W.P.(C) No.670/2019 in the year 2012. Therefore, they cannot raise another claim.

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The learned Standing Counsel for the Provident Fund Authority would submit that the amount due to the petitioner in W.P.(C) No.670/2019 has been credited in his account and no other amount is due to him. In respect of the petitioner in W.P.(C) No.642/2019, if an application is forwarded through the employer, necessary action shall be taken to credit the amount in his account.

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The learned counsel for the petitioners would submit that the petitioners will not raise any claim from the Corporation in regard to any benefit under the Employees Provident Fund Scheme

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WP(C).Nos.642 & 670/2019 5

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after the coverage of Abkari Workers Welfare Fund Scheme.

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Therefore, the Corporation is directed to forward the application submitted by the petitioner in W.P.(C) No.642/2019 to the Provident Fund Commissioner, without any delay, at any rate, within ten days from the date of receipt of a copy of this judgment. Thereafter, the Provident Fund Authority shall credit the dues in his account furnished along with interest. The Provident Fund Authority shall credit the amount within one month on receipt of such application from the Corporation.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).Nos.642 & 670/2019 6

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APPENDIX OF W.P.(C) NO.642/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF THE ANNUAL YEARLY CONTRIBUTION STATEMENT ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER FOR THE YEARS 2002-03, 2003-04, 2004-05, 2007-08 AND 2008-09.

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RESPONDENTS EXHIBITS:NIL.

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//TRUE COPY//

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P.A.TO JUDGE

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WP(C).Nos.642 & 670/2019 7

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APPENDIX OF W.P.(C) NO.670/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1: TRUE COPY OF THE ANNUAL YEARLY CONTRIBUTION STATEMENT ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER FOR THE YEARS 2004-05 AND 2008-09.

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RESPONDENTS EXHIBITS:NIL.

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//TRUE COPY//

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P.A.TO JUDGE

Rajan.K.O., v. Kerala State Beverages (M and M) Corporation Ltd.

Case brief

What is this about?

What did the court decide?

Rajan.K.O., v. Kerala State Beverages (M and M) Corporation Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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