AJAYAN P M Vs. KARUVANTHIRUTHY FEROKE PANCHAYATH

JUDGEMENT

(1.) THE petitioners are employees of the first respondent bank. THEy were appointed in the year 2002 as part time contingent employees. THE Administrative Committee of the bank resolved to regularise the petitioners in service as full time contingent employees. THE Administrative Committee thereafter moved the Joint Registrar of Co-operative Societies (General) Kozhikode for permission to regularise the petitioners in service as full time contingent employees. By Ext.P1 order passed on 30.12.2005 the Joint Registrar of Co-operative Societies granted the said request and directed that they be accommodated against three vacant posts of Peons then existing in the bank. THEreupon the petitioners were sanctioned pay and allowances in the post of full time contingent employees with effect from 1.1.2006. THE managing committee of the first respondent society that met on 8.4.2006 resolved to enroll the petitioners in the General Provident Fund and in the Pension Scheme with effect from the date on which they became full time contingent employees. THE Secretary of the first respondent bank thereupon forwarded applications for enrolling the petitioners as members of the Pension Scheme along with Ext.P5 letter dated 16.11.2006 to the third respondent. Two years later the Kerala State Co-operative Employees Pension Board (hereinafter referred to as the Board for short) informed the first respondent society that as the post of full time contingent employee is not a post included in Appendix III to the Kerala Co-operative Societies Act the petitioners cannot be enrolled as members of the Pension Scheme. THE applications enclosed along with Ext.P5 were returned. THE managing committee of the first respondent society that met on 28.8.2009 resolved to change the category of the petitioners as Peons and to request the Joint Registrar of Co-operative Societies for the requisite permission. Ext.P8 letter was also sent to the Joint Registrar of Co-operative Societies seeking such permission. THE instant writ petition was thereafter filed on 14.1.2011 challenging Ext.P6 and seeking the following reliefs:-

(2.) WHEN the writ petition came up for hearing today, Sri.P.V.Mohanan, learned counsel appearing for the third respondent Board submitted that clause 2(f) of the Kerala Co- operative Societies Employees Self Financing Pension Scheme, 1994 has been amended with effect from 10.11.2010 and that as per the said amendment a person appointed in the service of a co- operative society registered under the Kerala Co-operative Societies Act 1969 against a sanctioned post or in a post approved by the competent authority under the said Act and who is working on a full time, regular and paid basis including part-time contingent employees, commission agents, security staff and such other categories of employees will fall within the definition of the term "employee" and therefore in view of the change in the law the petitioners who are working against full time contingent posts are entitled to be enrolled as members in the Pension Scheme. The learned counsel appearing for the Board submitted that in such circumstances if the first respondent forwards applications from the petitioners in the prescribed form for enrolment as members in the Pension Scheme along with the requisite documents the Board will consider the same and take appropriate action thereon expeditiously. In the light of the said submission I dispose of the writ petition with the following directions: The Secretary of the first respondent bank shall forward along with a covering letter applications in the prescribed form for enrolment of the petitioners as members in the Pension Scheme, 1994 accompanied by the requisite documents. This shall be done within one month from the date on which the petitioners produce a certified copy of this judgment before the Secretary of the first respondent society. The Board shall, within two months from the date of receipt of the applications, take an appropriate decision thereon having due regard to the definition of the term "employee" occurring in clause 2(f) of the Scheme. In view of this direction the request made by the first respondent society in Ext.P7 resolution and Ext.P8 letter shall stand withdrawn. In view of the fact that the Joint Registrar has permitted the appointment of the petitioners as full time contingent employees and the petitioners are full time contingent employees with effect from 1.1.2006, in the event of the petitioners being found eligible to be members of the Pension Scheme, their enrolment shall be with effect from 1.1.2006.