SOMAN Vs. K S R T C

JUDGEMENT

(1.) Retired employees of the Kerala State Road Transport Corporation (K.S.R.T.C.) have approached this Court seeking directions to the respondents to sanction and disburse the provident fund and the staff welfare fund amount to them with interest. Petitioners retired from service on superannuation on dates falling within the years 2002, 2003 and 2004. Retired employees having similar grievances have been approaching this Court for identical reliefs since the respondent Corporation did not disburse the provident fund amount and the staff welfare amount due to them on closure of the fund. According to the petitioners, the Corporation has done great injustice and is perpetuating injustice by with holding the provident fund amount and not disbursing the same in spite of the lapse of several months since their retirement.

(2.) It is pointed out that on the ground of inadequacy of funds the Corporation has been delaying payment of retirement benefits which include the Death cum Retirement Gratuity and commutation value of pension. In the above circumstances, this Court was constrained to intervene and formulate a scheme thereby making arrangements to see that payment of retirement benefits to the employees is ensured at least in a phased manner. A Division Bench of this Court in W. A. No. 289 of 2001 passed order dated 18-10-2001 directing the Corporation to see that retirement benefits are disbursed to the pensioners strictly complying with the following directions:

(3.) Now the issue here is not whether the petitioners should be paid gratuity and commutation value by modifying the scheme already formulated but whether the same treatment can be meted out to them in the matter of Provident Fund dues also. It can be seen from the order passed by the Division Bench that payments due to the retired employees on closure of Provident Fund is not covered by the said order. Therefore, whenever retired employees approach this Court with the grievance that they are not paid the Provident Fund or staff welfare fund amount, orders are passed by this Court directing the K.S.R.T.C. to disburse the amount with statutory interest within a stipulated time limit. It is submitted that some of the retired employees had approached the Lok Ayukta and got similar orders directing the K.S.R.T.C. to make payment of Provident Fund. This state of affairs has been going on for quite some time and therefore it became a common practice for the Officers of K.S.R.T.C. to delay disbursement of Provident Fund thereby forcing every retired employee to resort to legal proceedings seeking relief from this Court or from Lok Ayukta. It is interesting to note that the respondent -- Corporation has complied with the directions of this Court, so much so, those who approached this Court got the Provident Fund amount within two months or three months or four months as the case may be, according to the directions issued in the respective cases. Now in this batch of cases more than five dozen pensioners have sought for a direction to the Corporation either to sanction and disburse the Provident Fund amount due to them or to pay the statutory interest applicable to Provident Fund amount or to pay both. It is a fact that these writ petitions have been filed with the hope that if this Court issues appropriate directions to the Corporation, the payment will be effected at least within that time limit. The issue is whether the respondent -- Corporation is justified in dragging every retired employee to approach the writ Court or the Lok Ayuktha seeking orders directing payment of the Provident Fund or the staff welfare fund or the statutory interest payable by the Corporation.