Wp(C)/23182/2015 Of The Cochin Refineries Employees Association v. The Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 31ST DAY OF JULY 2015/9TH SRAVANA, 1937WP(C).No. 23182 of 2015 (N) ---------------------------- PETITIONER(S):-------------- 1.THE COCHIN REFINERIES EMPLOYEES ASSOCIATION,REGISTRATION NO.120/67, AMBALAMUGAL,KOCHI-682 302,REGISTRATION NO.120/67, AMBALAMUGAL,KOCHI-682 302, REPRESENTED BY ITS GENERAL SECRETARY. 2.P.N.SURENDRAN NAIR,GENERAL SECRETARY AND THE COCHIN REFINERIESEMPLOYEES SUPERANNUATION BENEFIT FUND TRUSTEE,COCHIN REFINERIES LTD., AMBALAMUGAL,KOCHI-682 302.GENERAL SECRETARY AND THE COCHIN REFINERIESEMPLOYEES SUPERANNUATION BENEFIT FUND TRUSTEE,COCHIN REFINERIES LTD., AMBALAMUGAL,KOCHI-682 302. BY ADV. SRI.MOHAN C.MENON RESPONDENT(S): -------------- 1.THE COMMISSIONER OF INCOME TAX, I.S.PRESS ROAD, ERNAKULAM. 2.THE CHAIRMAN AND MANAGING DIRECTOR (CRL),BHARAT PETROLEUM CORPORATION LTD.,BHARAT PETROLEUM CORPORATION LTD., AMBALAMUGAL, KOCHI - 682 302. 3.THE MANAGING TRUSTEE, THE COCHIN REFINERIES, EMPLOYEES SUPERANNUATION BENEFIT FUND, AMBALAMUGAL. 4.THE COCHIN REFINERIES OFFICERS' ASSOCIATION, BY ITS GENERAL SECRETARY, AMBALAMUGAL, KOCHI 682 302. 5.THE COCHIN REFINERIES WORKERS' ASSOCIATION, BY ITS GENERAL SECRETARY, AMBALAMUGAL, KOCHI-682 302. R BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX R BY SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23182 of 2015 (N) A P P E N D I X PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE REPRESENTATION DT.20.07.2015 GIVEN TO THE1ST RESPONDENT.EXT.P2: TRUE COPY OF THE REPRESENTATION DT.27.7.2015 GIVEN TO THE 1STRESPONDENT BY THE 5TH RESPONDENT. RESPONDENTS' EXHIBITSNIL. /TRUE COPY/ P.S TO JUDGE P.V.ASHA, J. ----------------------------------------------------- W.P(c) No.23182 of 2015-W ---------------------------------------------------- Dated this the 31[st] day of July, 2015 JUDGMENT The petitioner - Cochin Refineries Employees' Association, hasfiled this Writ Petition against the functioning of the CochinRefineries' Employees Superannuation Benefit Fund (CRESBF) Trust.They have submitted Ext.P1 representation before the 1[st] respondent -The Commissioner of Income Tax. Similar complaints have beensubmitted by other trade unions also, as evident from Ext.P2. 2.As the petitioner had already approached the 1[st]respondent explaining their grievances regarding the pension scheme,it will be only appropriate that the 1[st] respondent considers the sameand passes orders. 3.I heard the learned counsel appearing for the petitioner aswell as that of the respondents. In the circumstances of the case, there will be a direction to the1[st] respondent to consider and pass orders on Ext.P1, after affordingan opportunity of being heard to the petitioner and any other affectedparties, within a period of two months. The Writ Petition is disposed of accordingly. Sd/- (P.V.ASHA, JUDGE) rtr/