IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
NARAYANARAJ.G – Appellant
Versus
MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION – Respondent
| Table of Content |
|---|
| 1. entitlement to provident fund closure amount after retirement. (Para 1 , 2) |
| 2. impending financial difficulties of ksrtc cited as a reason for non-payment. (Para 3 , 4 , 5 , 6) |
JUDGMENT
The petitioners, who are employees of the Kerala State Road Transport Corporation (KSRTC), are subscribers to the General Provident Fund. Though the petitioners retired from service, the closure amount payable under the Provident Fund has not been paid to the petitioners. Hence, the petitioners are before this Court.
2. The petitioners would contend that the Provident Fund is not a due like DCRG and Commuted Value of Pension. It is a fund constituted from contributions made by the employee alone. The employer is only a custodian of the fund. Hence, the employer has no authority to deny the payment of this fund after the retirement of the employee and utilising it for their own purposes.
3. Standing Counsel entered appearance on behalf of the respondents and resisted the writ petition. The Standing Counsel emphatically denied all the averments made by the petitioners in the writ petition. On behalf of the respondents, it is submitted that KSRTC is the largest Establishment in the State
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