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2012 Supreme(Ker) 468

C.N.RAMACHANDRAN NAIR, C.K.ABDUL REHIM
Kerala State Co-Operative Employees Pension Board, Rep. By Its Secretary, Additional Registrar Of Co-Operative Societies – Appellant
Versus
C. D. Udayakumar – Respondent


Advocates Appeared:
For the Petitioner:P. Ravindran (Sr.), M.R. Sabu, Smt. Anu Sivaraman, Smt. S. Sheeja Kumary (Ayoor), K.R. Sunil, Advocates.
For the Respondents:D. Sreekumar, SC. Thrissur Dist. Co.Op. Bank, N.N. Sugunapalan (Sr.), T.N. Girija, SC. EPF Organisation, R3 -P. Parameswaran Nair, Asg Of India, D. Somasundaram, Spl. Government Pleader, R1 -V.G. Arun, Abraham Vakkanal, Koshy George, P.N. Mohanan, Advocates.

Judgment:-

Ramachandran Nair, J.

1. All the connected Writ Appeals are filed by the Kerala State Co-operative Employees Pension Board challenging the judgment of the learned Single Judge declaring entitlement of the employees, who are already members of the Employees Provident Fund Scheme, 1952 and also members of the Employees Pension Scheme, 1995 to continue with the said Organisations even after formation of the Pension Fund under the appellant by the State Government for the employees of the Co-operative Banks in Kerala.

2. We have heard Shri. P. Ravindran, learned Senior counsel, along with Shri. K.R. Sunil, learned Standing Counsel for the appellant, Shri. Abraham Vakanal, learned Senior Counsel, Shri. Koshi George, Shri. P.N. Mohanan for the party respondents and also learned Special Government Pleader for the State.

3. There is no dispute on the applicability of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter called as the EPF Act for short) to the employees of District Co-operative Banks and State Co-operative Bank because in all these Banks the employee strength is above the statutory limit of 50. Further Section 61 of the Kerala Co-ope




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