The issue involved in this Writ Petition is, whether the Employees Provident Fund Scheme is applicable to the petitioner Co-operative Society, which is registered and governed by the provisions under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act'), after the establishment of self financing pension scheme under the Kerala State Employees Pension Board, under Section 80A of the Act. This issue stands covered and settled by this Court in Kerala Co-operative Employees Pension Board v. Udayakumar [2012(3) KLT 820]. The Division Bench of this Court in the above decision held that after the establishment of self W.P.(C) No. 10520 of 2011 -: 2 :- financing pension scheme under the Kerala State Employees Pension Board by Section 80A(1) of the Act, the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 do not apply to the Co-operative Societies functioning under the Act and the above decision was followed in W.P.(C) No.34437 of 2006 of this Court also. In the light of the above decisions of this Court, this Court is inclined to allow the writ petition, as prayed for. Consequently, Exts.P1, P5 and P7 will stand quashed.
This writ petition is dismissed accordingly.
Sd/-
K. HARILAL, JUDGE DST //True copy// P.A. To Judge