The court referred to a Supreme Court judgment regarding enhanced pension benefits. It directed the Regional Provident Fund Commissioner to reconsider the petitioners' claims upon submission of a representation within one month.
Direction to the 2nd respondent to reconsider petitioners' claims upon submission of representation within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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WP(C) No.7797 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 6TH DAY OF JUNE 2023 / 16TH JYAISHTA, 1945
WP(C) NO. 7797 OF 2020
PETITIONER/S:
1N.K. MOHAN
AGED 63 YEARS
S/O. KARUPPAN, NADUVELIKUNNEL HOUSE, MANALVAYAL,
IRULAM P O, WAYANAD, PF A/C.
NO.KR/KKD/0017163/000/0000003, P.P.O.
NO.KR/KKD/00057895.
2P.A MOIDEEN,
PUTHUPARAMBIL HOUSE, VALAVAYAL P O, PAPPLASSERY,
WAYANAD, P F A/C. NO/KR/KKD/0017163/000/0000005
3RAVI V B
VAZHAYIL HOUSE, PAMBRA P O, MARIANAD, WAYANAD, PF
A/C. NO.KR/KKD/0017163/000/0000008.
BY ADVS.
P.N.MOHANAN
SRI.C.P.SABARI
SRI.H.MAHADEVAN
SMT.AMRUTHA SURESH
RESPONDENT/S:
1UNIO OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT, NEW
DELHI-110001.
2REGIONAL PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANISATION(EPFO)
BHAVISHANIDHI BHAVAN, PATTOM PALACE,
THIRUVANANTHAPURAM, PIN-695004,
3ASSISTANT PROVIDENT FUND COMMISSIONER
SUB REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND
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WP(C) No.7797 of 2020
ORGANISATION(EPFO) BHAVISHANIDHI BHAVAN,
ERANJIPALAM, KOZHIKODE-673006.
4 EMPLOYEES PROVIDENT FUND TRUSTEE REPRESENTED BY MANAGING TRUSTEE, EMPLOYEES PROVIDENT FUND OFFICE, BHAVISHYA NIDHI BHAVAN, WAZIRPUR, NEW DELHI-110052.5 PROVIDENT FUND COMMISSIONER-1(PENSION) BHAVISHYA NITHI BHAVAN, 14-BHIKAJI CAMA PALACE, NEW DELHI-110066.6 PAMBRA KSHEEROLPADAKA SAHAKARANA SNAGHAM REPRESENTED BY SECRETARY, MANALVAYAL P O, ERULAM, WAYANAD - 673579 BY ADVS. SRI.P.VIJAYAKUMAR DR.ABRAHAM P.MEACHINKARA, SC, EPF ORG.THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.7797 of 2020
C.S DIAS,J.
WP(C) No.7797 of 2020
----------------------------Dated this the 6th day of June, 2023.
JUDGMENT
The writ petition is filed, inter alia, to direct the respondents two, three and six to collect the pension contributions from the petitioners towards the EPF
Pension Scheme.
employees of the sixth respondent establishment, which
was covered by the provisions of Employees Provident
Fund and Miscellaneous Provisions Act and the Scheme
framed thereunder. All of them have now retired from
the service. They had made contributions to the provident fund reckoning the actual salary above the
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WP(C) No.7797 of 2020
ceiling limit prescribed under the Employees Provident Fund Act. According to the petitioners, they are entitled to exercise the option to receive enhanced pension, reckoning their actual salary as pensionable service. However, the second respondent passed an order stating that the benefit provided under the Act has to be availed before 1.12.2004, which is untenable. The said stipulation was rejected by this Court by Ext P2 judgment and upheld in WA No.1137/2012 by a Division Bench of this Court. Even though the respondents challenged similar judgments before the Supreme Court, the same were rejected. This Court has again, by Ext P4 judgment, held that the petitioners therein are entitled to all benefits prayed for. The
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WP(C) No.7797 of 2020
petitioners are entitled to the benefit of the above judgments. Hence, the writ petition.
issues raised by the petitioners are now settled by the Honourable Supreme Court in EPF Organization and
Another v. Sunil Kumar B and Others (2022 SCC
online SC 1521) . Hence, the respondents are ready to reconsider the grievance of the petitioners.
on record, the law laid down in the aforesaid judgment and the submission made by the learned counsel
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WP(C) No.7797 of 2020
appearing for the parties, I am inclined to dispose of the
writ petition in the following manner:
(i) The 2nd respondent is directed to re-consider
the claims put forth by the petitioners, in the light of the principles laid down by the Honourable Supreme Court in the afore-cited decision, upon the petitioner submitting a representation.
(ii) If such a representation is submitted, the same
shall be considered by the second respondent in accordance with law and as expeditiously as possible, at
any rate within a period of one month from the date of submission of the representation.
The writ petition is ordered accordingly.
sd/-
sks/6.6.2023
C.S.DIAS, JUDGE
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WP(C) No.7797 of 2020
APPENDIX OF WP(C) 7797/2020
PETITION |
ER EXHI |
BITS |
|
|---|---|---|---|
EXHIBIT |
P1 |
A TRUE COPY OF THEORGAISATION |
DEMAND MADE BY THE EPF |
EXHIBIT |
P2 |
A TRUE COPY OF THE4.11.2011 IN WP(C) |
JUDGMENT DATEDNO.6643/2007. |
EXHIBIT |
P3 |
TRUE COPY OF THE P |
ROCEEDINGS DATED |
20.2.2007 ISSUED B |
Y THE SECOND RESPONDENT. |
||
EXHIBIT |
P4 |
A TRUE COPY OF THE |
JUDGMENT DATED |
12.10.2018 IN WP(CREPORTED IN I.L.R |
) NO.13120/2015 AS2019(1) KER 614. |
||
EXHIBIT |
P5 |
A TRUE COPY OF THE27.04.2009 OF THE |
CIRCULAR DATEDGOVERNMENT OF KERALA. |
EXHIBIT |
P6 |
A TRUE COPY OF THE |
JUDGMENT DATED |
25.02.2020 IN WP(C |
) NO. 1633/2020. |
2 issues framed by the court
Whether the petitioner is entitled to enhanced pension reckoning actual salary under EPF Scheme.
Whether the cut-off date of 1.12.2004 for availing pension benefit is applicable to the petitioner.
Colour shows how this judgement treated each authority
EPF Organization and Another v. Sunil Kumar B and OthersReferred¶41
EPF Organization and Another v. Sunil Kumar B and Others (2022 SCC online SC 1521) · Who else cites this
N.K. Mohan
P.A. Moideen
Ravi V.B.
Union of India
Regional Provident Fund Commissioner
Assistant Provident Fund Commissioner
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.S. Dias
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