Allowed

Chief Provident Fund v. Chidambar Anandrao Koti

Karnataka HC10 Nov 2023WA/100092/2020

Case brief

AI extract

What is this about?

This single-line order without substantive reasoning upholds the single judge's decision on pension issues by holding that the appeal needs no further adjudication. It grants liberty to respondents to exercise their options under the Pension Scheme of 1995 as per the Supreme Court directions.

What did the court decide?

Liberty to eligible respondents to exercise their options under Para 11(3) of the Pension Scheme 1995.

Chief Provident Fund Vs Chidambar Anandrao… — Pension and Retirement Benefits | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:13183-DB WA No. 100092 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF NOVEMBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV

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AND

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL

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WRIT APPEAL NO. 100092 OF 2020 (S-R)

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BETWEEN:

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CHIEF PROVIDENT FUND COMMISSIONER, EMPLOYMENT PF ORGANISATION, BHAVISYA NIDHI BHAVAN, 14, BHIKAJI KAMA PLACE, NEW DELHI-110066.

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REGIONAL P. F, COMMISSIONER-1 (PENSION), RAJARAM MOHANRAI ROAD, RICHMOND CIRCLE, BENGALURU-560025.

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…APPELLANTS

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(BY SRI. P.V .GUNJAL, ADVOCATE)

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AND:

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SHIVAKUMAR HIREMATH

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Digitally signed by SHIVAKUMAR HIREMATH Date: 2023.11.29 12:56:15 +0530

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CHIDAMBAR ANANDRAO KOTI, AGED ABOUT: 61 YEARS, RETIRED, MIG # 257, 15TH CROSS, NAVANAGAR, HUBBALLI-580025, PPO#GB/HBL/76363.

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VIRUPAXI SHIVALINGAPPA KAGADAL, AGED ABOUT: 62 YEARS, RETIRED, C/O MR. S. M. HANCHANAL, #35, UPPIN LAYOUT, SADASHIVANAGAR, BHAIRIDAVARKOPPA, HUBBALLI-580024, PPO#GB/HBL/69513.

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MRUTUNJAY VEERAYYA KULKARNI AGED ABOUT 62 YEARS, RETIRED, RENUKANAGAR, BHAIRIDAVARKOPPA, HUBBALLI-580024, PPO#GB/RCH/69131.

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SUESH S/O. BHEEMRAO SANGAL AGED ABOUT 62 YEARS, PPO#GB/HBL 71461 DHARWAD, #21A, UDAYNAGAR, HUBBALLI-580023.

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2 - NC: 2023:KHC-D:13183-DB WA No. 100092 of 2020

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CHANDRAKANT S/O. RAMCHANDRA JOSHI, AGED: MAJOR, RETIRED, PPO#GB/HBL 72472 DHARWAD, #89, CITY PARK, GAMANGATTI ROAD, NAVANAGAR, HUBBALLI-580025.

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VASANT S/O. NAGESH REVANKAR, AGED: MAJOR, RETIRED, PPO#GB/HBL/60801, MAGAJIGONDI LAYOUT, SIDDHAROODMATH CROSS, OLD HUBBALLI, HUBBALLI-580024.

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BHANUPRAKASH KRISHNAMURTHY SHETTY, AGE: MAJOR, RETIRED, PPO#50316 DHARWAD, C/O. CHIDAMBAR KOTI, MIG 257, 15TH CROSS, NAVANAGAR, HUBBALLI-580025.

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AKHTARHUSSAIN MOHAMMEDUSMAN TASGAONKAR, AGE: 62 YEARS, RETIRED, PPO#GB/HBL98900 DHARWAD, NEAR MUSLIM SHADI MAHAL, ANANDNAGAR, OLD HUBBALLI, HUBBALLI-580024.

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GIRISH GANGADHAR DESHPANDE, AGE: 62 YEARS, RETIRED, PPO#GB/HBL/68446 DHARWAD, DEVATAR ADITYA APPARTMENT, BEHIND SHEETAL BAG, KALGHATGI ROAD, SARASWATPUR, DHARWAD-580004.

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GANESH S/O. NAGANGOUDA TOTAD, AGE: MAJOR, RETIRED, PPO#GB/HBL/5738 DHARWAD, RENUKANAGAR, BHAIRIDEVERKOPPA, HUBBALLI-580024.

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VITHAL S/O. DATTARAM RANE, AGE: MAJOR, RETIRED, PPO#GB/HBL/67543 KARWAR, MALLIKARJUN KRUPA, ALAHONDA BADAVANE, MARIKAMBANAGAR, SIRSI-581336, KARWAR.

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BASAVARAJ S/O. BASAVANNEPPA TALAGI AGE: MAJOR, RETIRED, PPO#GB/HBL/5971 DHARWAD, KULKARNI GALLI, KUNDGOL-581113, DIST: HAVERI.

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MANJUNATH S/O. PARRAMAYYA NAIK, AGE: MAJOR, RETIRED, PPO#GB/HBL/124 HAVERI, RAGHAVENDRA COLONY, HIREKERUR-581111.

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3 - NC: 2023:KHC-D:13183-DB WA No. 100092 of 2020

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CHANDRAPPA BASAPPA BYATNAL, AGE: MAJOR, RETIRED, PPO#GB/HBL/723 HAVERI, SOMESHWAR NILAYA, BASAVESHWAR NAGAR, C-BLOCK, HAVERI-581110.

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CHANDRADHAR SHIVALINGAPPA TALKAL AGE: MAJOR, RETIRED, PPO#GB/HBL/71376 HAVERI, #540, BASAVESHWARNAGAR, 3RD CROSS, C-BLOCK, HAVERI-581110.

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MAHADEVAPPA GUTTAPPA TALWAR AGE: MAJOR, RETIRED, PPO#GB/HBL/66840 HAVERI, C/O. GUTEPPA, HOSUR CROSS, BALOMBEED POST-581111, HADRIHALLI, TAL: HIREKERUR, DIST: HAVERI.

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SOMASHEKHARAPPA GUNDAPPA MAYACHARI AGE: MAJOR, RETIRED, PPO#GB/HBL/52565) HAVERI, MALTESH NILAYA, RAGHAVENDRA COLONY, VIDYANAGAR, HIREKERUR-581111.

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MOHAMMEDSAB C. YELLAPUR AGE: MAJOR, RETIRED, PPO#GB/HBL/1989/210 HAVERI, HIREKERUR-581111, DIST: HAVERI.

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SADASHIVAPPA R. GIRIYANNAVAR AGE: MAJOR, RETIRED, PPO#GB/HBL/70679 HAVERI, MASUR-SARVADNYA PLOT, TQ: HIREKERUR-581111, DIST: HAVERI.

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KESHAV BHAT M, AGE: MAJOR, RETIRED, PPO#KN/HBL/28086 HAVERI, KESARA NILAYA, VINAYAKNAGAR, HIREKERUR-581111, DIST: HAVERI.

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CHANNAVEERAPPA BADAGI, AGE: MAJOR, RETIRED, PPO#GB/HBL/63570 HAVERI, B. G. BANAKAR EXTENSION, VINYAKANAGAR, HIREKERUR-581111.

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4 - NC: 2023:KHC-D:13183-DB WA No. 100092 of 2020

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ABDULRAHIMAN BALIGAR, AGE: MAJOR, RETIRED, PPO#GB/HBL/52744 HAVERI, NEAR BHARAT SAW MILL, IBRAHIMNAGAR, HIREKERUR-581111, DIST: HAVERI.

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ABDULSAMAD YELLAPUR AGE: MAJOR, RETIRED, PPO#KN/HBL/51989 HAVERI, NEAR KOTI MASUTI, POST: MASUR-581111, TQ: HIREKERUR, DIST: HAVERI.

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HANAMANTAYYA H. UNAKAL, AGE: MAJOR, RETIRED, PPO#GB/HBL/65578 HAVERI, CHANNALLI ROAD, HIREKERUR-581111.

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RAMAPPA GOVINDAPPA MARAVLLI, AGE: MAJOR, OCC: RETIRED, PPO#GB/HBL/64950 HAVERI, CHANNALLI ROAD, BEHIND AMBABHAVANI TEMPLE, 1ST CROSS, SHRINAGAR, HIREKERUR-581111, DIST: HAVERI.

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MOHAMMED FAROOK YASINSAB MULLA AGE: MAJOR, OCC: RETIRED, PPO#GB/HBL/51460 HAVERI, 4TH CROSS, BASAVESHWARNAGAR, C-BLOCK, HAVERI-581110.

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BASAVARAJ NAGAYYA KULKARNI, AGE: MAJOR, RETIRED, PPO#GB/HBL/76438 HAVERI, 1ST CROSS, RAJENDARANAGAR, NEAR GADAGIYAVAR HOUSE, HAVERI-581110.

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FAKKIRAPPA S/O. HANAMANTAPPA BILIGI @ BELAVAGI AGE: MAJOR, OCC: RETIRED, PPO#KN/HBL/43603 HAVERI, #34, LAXMI NIVAS, BASAVESHWAR C-BLOCK, NEAR MULLANKERI, HAVERI-581110.

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RATNAKAR GOVIND NAIK, AGE: MAJOR, OCC: RETIRED, PPO#GB/HBL/70676, KARWAR, JADDIKERI, POST HONNAVAR-581334.

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TIPPANNA PARASAPPA GUDAGI AGE: MAJOR, OCC: RETIRED,

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5 - NC: 2023:KHC-D:13183-DB WA No. 100092 of 2020

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PPO#GB/HBL/65104, HAVERI, BASAVESHWARNAGAR, NEAR OM SHANTI, BYADGI-581106, DIST: HAVERI.

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MARUTI TIRAKAPPA JADHAV AGE: 68 YEARS, OCC: RETIRED, PPO#GB/HBL/49448 DHARWAD, #13, KALMESHWARNAGAR, NEAR BASAVA MANTAPP, SHRINAGAR CROSS, HUBBALLI-580024.

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MAULAPPA BALOJEPPA KALAL AGE: MAJOR, OCC: RETIRED, PPO#GB/HBL/64102, DHARWAD, #11, SHETTAR LAYOUT, LINGRAJNAGAR, BEHIND GLOBAL COLLEGE, HUBBALLI-580024.

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THE KARNATAKA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, KSRTC CENTRAL OFFICES, SARIGE BHAVAN, SHANTINAGAR, BENGALURU-560027.

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KSRTC EPF TRUST BY ITS THE CHAIRMAN/M.D, KSRTC CENTRAL OFFICES, SARIGE BHAVAN, SHANTINAGAR, BENGALURU-560027.

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NORTH WEST KARNATAKA ROAD, TRANSPORT CORPORATION, BY ITS MANAGING DIRECTOR, CENTRAL OFFICES, GOKUL ROAD, HUBBALLI-580030, DIST: DHARWAD.

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THE SECRETARY DEPARTMENT OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, SHRAMASHAKTI BHAVAN, RAFIQ MARG, NEW DELHI-110001.

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…RESPONDENTS

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THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS COURT TO, SET ASIDE THE IMPUGNED JUDGMENT DT. 18TH OCT 2019, PASSED BY THE LEARNED SINGLE JUDGE IN WP 101318/2018(S-R) AND 101478508/2018.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, S.SUNIL DUTT YADAV, J., DELIVERED THE FOLLOWING:

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6 - NC: 2023:KHC-D:13183-DB WA No. 100092 of 2020

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JUDGMENT

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Counsel for the appellant has filed a memo, which

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reads as hereunder:

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MEMO for Disposal

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“The Appellants above named submits that the issue for consideration in this Appeal - payment of pension on the basis of contributions made on actual wages - was considered by the Hon'ble Supreme Court in EPF Organisation and another vs Sunilkumar B and others.

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Disposing of a series of connected Civil Appeals, on 4th Nov 2022, certain directions have been issued to the rival parties according to which all the eligible Respondents shall exercise their options under Para 11(3) of the Pension Scheme, 1995 within the stipulated time and the Appellant - EPF Organisation shall consider the same and transfer the fund from the corpus of the Provident Fund to that of the Pension Fund so as to enable the Pension Fund to pay higher pensions to such pensioners.

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Following the said Judgment, WA 51/2021 and WA 100642/2019 have been disposed of by the Principal Bench and this Bench, respectively.

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Accordingly these Appeals also be so disposed of giving liberty to the eligible Respondents to exercise such option so as to enable the Appellant to take appropriate action.

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It is accordingly prayed.”

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7 - NC: 2023:KHC-D:13183-DB WA No. 100092 of 2020

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Learned counsel for the appellant submits that

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in light of the judgment of the Apex Court in the case of

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Employees Provident Fund Organization and another Vs.

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Sunil Kumar b. and others¹ , the employees have been conferred right to exercise their option within stipulated time, which has been extended. Accordingly, it is submitted that the appeal may be disposed of reserving liberty to the employees to exercise the said option as referred above, upon which, the appellants would take appropriate action.

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In light of the submission made by the counsel

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for the appellants and in light of the statement that the time for exercising option is still open, matter is disposed of without further adjudication as it would not prejudice the interest of the employees as the employees would be benefitted in terms of the direction of the Apex Court by exercising option within an extended time. Accordingly,

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1 2022 SCC OnLIne SC 1521

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8 - NC: 2023:KHC-D:13183-DB WA No. 100092 of 2020

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taking note of the memo, appeal is disposed of in terms of the direction of the Apex Court.

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In view of the disposal of the appeal, pending

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interlocutory applications, if any, stand disposed of.

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Sd/JUDGE

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Sd/JUDGE

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NAA List No.: 1 Sl No.: 18

Chief Provident Fund v. Chidambar Anandrao Koti

Case brief

What is this about?

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Chief Provident Fund v. Chidambar Anandrao Koti

Case brief

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