Kerala State Warehousing ... vs Kerala State Warehousing ...
2022 Latest Caselaw 5416 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                       &
                THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
           Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
                             WA NO. 134 OF 2021

    AGAINST JUDGMENT DATED 01.07.2020 IN WP(C) 4550/2020 OF THIS COURT

                                     ---

APPELLANTS/PETITIOENRS:

  1. KERALA STATE WAREHOUSING CORPORATION PENSIONERS ASSOCIATION,
     REPRESENTED BY ITS SECRETARY, SRI. CHANDRAKANTH, AGED 65 YEARS,
     S/O.LATE T. K. NAIR, SITHARA, THYKOODAM, VYTTILA, ERNAKULAM
     DISTRICT-682068.(RTD.SR.ASSISTANT MANAGER OF KERALA STATE
     WAREHOUSING CORPORATION).

AND ANOTHER.

BY ADVS.M/S. ELVIN PETER P.J.,K.R.GANESH,KAIMAL PRIYA PADMANABHA,

SIDHARTH SUDHEER & GOURI BALAGOPAL

RESPONDENTS/RESPONDENTS:

  1. KERALA STATE WAREHOUSING CORPORATION ,REPRESENTED BY ITS MANAGING
     DIRECTOR, P. B. NO.1727, ERNAKULAM DISTRICT, KOCHI-682016.

AND 2 OTHERS.

BY ADV. SRI.MAJNU KOMATH FOR R1 & R2.

ADV.SRI. BENNY .P.THOMAS FOR R3.

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to set aside the judgment of the learned Single Judge dated 01.07.2020 in
W.P.(C) No.4550/2020, pending disposal of the Writ Appeal.
     This Writ Appeal again coming on for orders along with connected
cases on 20.05.2022 upon perusing the appeal memorandum and this court's
order dated 24.03.2021, the court on the same day passed the following:

                                                                    P.T.O.
 ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
           =================================
                         WA No. 134 of 2021
[arising out of the impugned judgment dated 01.07.2020 in WP(C) No.4550 of 2020]
                          WA No. 191 of 2021
[arising out of the impugned judgment dated 01.07.2020 in WP(C) No.4625 of 2020]
                        WA No. 1378 of 2020
[arising out of the impugned judgment dated 01.07.2020 in WP(C) No.4550 of 2020]
                                 &
                        WA No. 1440 of 2020
[arising out of the impugned judgment dated 01.07.2020 in WP(C) No.4625 of 2020]
           =================================
                     Dated this the 20th day of May, 2022


                                  ORDER

This matter has been coming up for consideration for more than

one time. Sri.Majnu Komath, learned Standing Counsel for the Kerala

State Warehousing Corporation, seeks a short adjournment.

2. Sri.P.J.Elvin Peter, learned Advocate appearing for the

appellants in WA No.134 of 2021/retirees, submits that if the

adjournment sought for is short, he will not oppose, but, a longer

adjournment will be seriously opposed by him.

3. We queried to both sides as to whether the provisions of the

Employees Pension Scheme framed under the Employees' Provident

Funds & Miscellaneous Provisions Act, 1952, are applicable to the case of

the employees of the Kerala State Warehousing Corporation, and if so, WA Nos. 134/2021 & con. cases

why the pension contribution @ 8.33% of the employees' contribution to

the EPF was not made to the corpus of the Central Pension Fund

constituted as per the abovesaid central legislation. We did not get clear

and definite answers from both sides and they sought time for getting

instructions.

4. However, Sri.P.J.Elvin Peter, learned Advocate appearing for

the retirees/appellants in WA No.134/2021, would point out that

presumably, it may be on account of the fact that the norms in the

Central Employees Pension Scheme, as per the Central EPF Act,

envisage that if equally efficacious or a better pension scheme is being

followed by the employer, then, they could be exempted from the rigor

of central norms and that it was assured to the employees at that time

that they would be covered under the pension scheme of the

Warehousing Corporation and that later, they are left in the lurch and

the employer Warehousing Corporation is taking the stand that they

have no right to get the benefit of the pension scheme of the

Warehousing Corporation and, in the result, that the appellants/retirees

are left in the lurch with no pension and most of them are in old age

including in the age range of eighties.

WA Nos. 134/2021 & con. cases

5. The Managing Director of the Kerala State Warehousing

Corporation as well as the Principal Secretary to Government in the

Administrative Department concerned will immediately furnish clear

and precise instructions as to whether the employees of the

Warehousing Corporation are otherwise eligible to be subscribed to the

Central Employees Pension Scheme as per the above said Central Act

and if so, why the said contributions to the corpus of the Pension Fund

under the said Central Employees Pension Scheme were not made and

as to why the Warehousing Corporation and the State Government can

justify the denial of pension benefits to these retired employees in terms

of the Corporation's scheme.

6. We also made certain other suggestions to both sides and

they assured us that they want some time to get instructions from the

respective parties and that they would advise the parties to take a very

proactive stand to the said suggestions made by this Court.

7. Time by ten days is granted to the Managing Director of the

Kerala State Warehousing Corporation and the Principal Secretary to

Government in the Department concerned to furnish instructions on the

above said aspects. The Managing Director of the Warehousing WA Nos. 134/2021 & con. cases

Corporation will forward a copy of this order to the Principal Secretary

to Government of Kerala in the Department concerned.

List the case on 31.05.2022.

Hand Over

Sd/-

ALEXANDER THOMAS JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE bka/-

20-05-2022 /True Copy/ Assistant Registrar