PALA MARKETING CO-OPERATIVE SOCIETY LTD Vs. REGIONAL PROVIDENT FUND COMMISSIONER SUB REGIONAL OFFICE EMPLOYEES PROVIDENT FUND ORGANISATION C M S COLLEGE ROAD KOTTAYAM

JUDGEMENT

(1.) THE petitioner is a primary Co-operative Society in the category of marketing under the Kerala Co-operative Societies Act, 1969, (the Act for short) and the Rules thereunder. THE society has 34 office staff in various cadres. THE society also conducts 'Indiar Crumb Rubber Factory', where it has factory employees also. At present there are 107 such factory employees. THE employees have all been enrolled in the Employees Pension Scheme, 1995 under the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

(2.) IN the above circumstances, the State Government introduced the Kerala Co-operative Societies Employees Self Financing Pension Scheme, 1994. A notification has also been issued exempting the employees of primary societies from the provisions of the Employees Provident Fund Pension Scheme. Consequently, the employees of the petitioner society are not liable to be covered by the said scheme any longer. Since there are serious doubts regarding the resultant situation, the Government have issued Ext.P7 circular by which it has been clarified that provisions of the State Pension Scheme would not cover workers of factories of units run by Primary Co-operative Societies. IN view of Ext.P7, it is clear that the factory employees of the petitioner numbering 107 are to continue to be covered by the provisions of the Employees Provident Fund Pension Scheme. Therefore, the petitioner requested respondents 1 and 2 to transfer the amounts remaining to the credit of the employees of the petitioner society to the State Pension Scheme. However, the request has been rejected taking a stand that they would transfer only the entire amount that stands to the credit of all the employees of the petitioner society.