Disposed
K.Vaidyanathan v. Union of India
Kerala HCWP(C)/15566/2019
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 18TH DAY OF JULY 2024 / 27TH ASHADHA, 1946
WP(C) NO. 15566 OF 2019
PETITIONERS:
1K.VAIDYANATHAN
AGED 62 YEARS
S/O KRISHNA IYER V.,
PF A/C.NO.MH/BAN/0039020/000/0000288M,
UAN.NO.1001 8302 9956, APL INDIA (PRIVATE)
LIMITED, RESIDING AT WEST MADAPALLI MADOM,
EAST GATE, VAIKOM, KOTTAYAM DISTRICT,
PIN-686 141.
2NJANAMMA JUSTIN
AGED 66 YEARS
W/O JUSTIN JOHN,
PF A/C.NO.MB/BAN/0039020/000/0000287,
APL INDIA (PRIVATE) LIMITED, RESIDING AT JUS
VILLA, HOUSE NO.34/2474-A,
NEAR GOVT. HIGH SCHOOL, VIDYA NAGAR,
EDAPPALLY POST, ERNAKULAM, PIN-682 024.
3ABDUL KAREEM K.A.
AGED 64 YEARS
PF A/C.NO.MH/BAN/0039020/000/0000291,
UAN.NO.1000 7200 2469, APL INDIA (PRIVATE)
LIMITED, RESIDING AT HOUSE NO.13/638-A,
MASJID ANSAR ROAD, CHULLICKAL,
ERNAKULAM, PIN-682 005.
4C.P.MADHUSDHAN
AGED 60 YEARS
PF A/C.NO.MH/BAN/0039020/000/0000848,
UAN.NO.1001 2091 5303, APL INDIA (PRIVATE)
LIMITED, RESIDING AT HOUSE NO.17/1408-A,
CHERUKATTU PARAMBU, M.A. MATHEW ROAD,
P.S. LANE, PALLURUTHY P.O.,
ERNAKULAM, PIN-682006.
WP(C) No.15566 of 2019
2
5 P.SANTHOSH KUMAR PF A/C.NO.MH/BAN/0039020/000/0000286, APL INDIA (PRIVATE) LIMITED, RESIDING AT SREE PADMAM, VIKASVANI JUNCTION, THENGODE P.O., KAKKANAD, ERNAKULAM, PIN-682 030.6 NANDAKUMAR K S/O N.K.KARTHA, PF A/C.NO.MH/BAN/0039020/000/0000280, APL INDIA (PRIVATE) LIMITED), RESIDING AT HOUSE NO.3118, MANIKKATH ROAD, ADJACENT TO SKYLINE EMPLETON, RAVIPURAM, ERNAKULAM DISTRICT., PIN-682 016.BY ADV N.P.PRAJEESH
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT, NEW DELHI-110 001.2 THE EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER BHAVISHANIDHI BHAVAN, 14-BHIKAJI CAMA PALACE, NEW DELHI-110 066.3 THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION (EPFO), OFFICE OF THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, MUMBAI (BANDRA)-400 051.4 THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION (EPFO), BHAVISHYA NIDHI BHAVAN, KALOOR, NEAR SEVENTH DAY ADVENTIST SCHOOL, ERNAKULAM-682 017.5 THE EPF SUB REGIONAL OFFICE (SRO) EMPLOYEES PROVIDENT FUND ORGANIZATION (EPFO), ADITYA SABARI TOWER, POST OFIFCE ROAD, THIRUNAKKARA, KOTTAYAM-686 001 REPRESENTED BY ITS COMMISSIONER.6 APL INDIA (PRIVATE) LIMITED 4TH FLOOR, G-51, PARAPPILLY LANE, GIRI NAGAR, PANAMPILLY NAGAR, ERNAKULAM DISTRICT-682 036, REPRESENTED BY ITS MANAGING DIRECTOR.WP(C) No.15566 of 2019
3
7APL INDIA (PRIVATE) LIMITED
INDIA BULLS FINANCIAL CENTER, TOWER 3,
8TH FLOOR, SENAPATI BAPAT MARG,
ELPHINSTONE (WEST), MUMBAI,
MAHARASHTRA, PIN 400013
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
SRI.HARIDAS P.NAIR, CGC
SRI.S.PRASANTH
SMT.SREEKALA K.L., CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
4
WP(C) No.15566 of 2019
JUDGMENT
Dated this the 18th day of July, 2024
The petitioners have approached this Court seeking orders in respect of pension under the Employees Provident Fund Pension Scheme on the basis of contribution made on actual salary. It is submitted that the matter now stands covered by the judgment of the Hon’ble Supreme Court in The Employees Provident Fund Organization and another v. Sunil Kumar and others [2022 (6) KLT 234].
In the light of the above submission, the writ petition is closed making it clear that the claim of the petitioners and any
options submitted by them will be considered in accordance with the law laid down by the Hon’ble Supreme Court in Sunil Kumar (supra).
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.15566 of 2019
5
APPENDIX OF WP(C) 15566/2019
PETITIONER EXHIBITS
EXHIBIT P1PHOTOCOPY OF THE JUDGMENT DATED
4.11.2011 IN WPC NO.6643/2007 PASSED
BY THIS HON'BLE COURT.
EXHIBIT P2PHOTOCOPY OF THE JUDGMENT DATED
5.3.2013 IN W.A.NO.1137/2012 PASSED BY
THIS HON'BLE COURT.
EXHIBIT P3PHOTOCOPYOFTHEORDERDATED
31.3.2016IN SLP(C) NO.7074/2014 PASSED
BY THE HON'BLE SUPREME COURT.
EXHIBIT P4PHOTOCOPYOFTHECIRCULAR
NO.PEN./MISC./2005, ISSUED BY THE
EMPLOYEES PROVIDENT FUND ORGANIZATION,
NEW DELHI.
EXHIBIT P5PHOTOCOPYOFTHEPROCEEDINGS
NO.KR/TVM/PEN.CELL(4) KMML.KR/10315/07
DATED 20.2.2007 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P6PHOTOCOPY OF THE JUDGMENT DATED
16.12.2014 IN WPC NO.33185/2014 PASSED
BY THIS HON'BLE COURT.
EXHIBIT P7PHOTOCOPY OF THE ORDER DATED 8.11.2013
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P8PHOTOCOPY OF THE NOTIFICATION HAVING
NO.GSR 609 (E) DATED 22.8.2014.
EXHIBIT P9PHOTOCOPY OF THE ORDER DATED 7.1.2013
ISSUED BY THE GOVT. OF KERALA.
EXHIBIT P10PHOTOCOPY OF THE NOTIFICATION HAVING
NO.GSR 657(E) DATED 1.7.2016 ISSUED BY
THE IST RESPONDENT.
EXHIBIT P11TRUE COPY OF THE JUDGMENT DATED
25.2.2019 PASSED BY THIS HON'BLE COURT
IN PWC NO.8070/2017.
WP(C) No.15566 of 2019
6
RESPONDENTS’ EXHIBITS
EXHIBIT R4(A) |
A TRUE COPY ORDER DATED 14.01.2020 INCWP 19985/2018 (O&M) OF THE PUNJAB ANDHARYANA HIGH COURT |
|---|---|
EXHIBIT R4(B) |
A TRUE COPY OF THE ORDER DATED |
07.10.2020 IN WP 1288/2020 OF THEHON’BLE HIGH COURT |
|
EXHIBIT R4(C) |
A TRUE COY OF THE ORDER DATED07.10.2020 IN WA 1303/2020 OF HON’BLEHIGH COURT |
EXHIBIT R4(D) |
A TRUE COPY OF THE ORDER DATED |
07.10.2020 IN WA.1289/2020 OF THEHON’BLE HIGH COURT |
|
EXHIBIT R4(E) |
A TRUE COPY OF THE DAILY STATUS REPORT |
OBTAINED FROM THE WEB SITE INWPSS/929/19 OF THE HIGH COURT OFUTTARAKHAND DATED 03.11.2020 |
|
EXHIBIT R4(F) |
TRUE COPY OF THE DAILY STATUS REPORT |
OBTAINED FROM THE WEB SITE IN |
|
WPSS/972/19 OF THE HIGH COURT OFUTTARAKHAND DATED 03.11.2020 |
|
EXHIBIT R4(G) |
TRUE COPY OF THE DAILY STATUS REPORT |
OBTAINED FROM THE WEB SITE IN |
|
WPSS/1006/19 OF THE HIGH COURT OFUTTARAKHAND DATED 03.11.2020 |
|
EXHIBIT R4(H) |
A TRUE COPY OF THE ACTUARIAL REPORTDATED 27.12.2018 |
EXHIBIT R4(I) |
A TRUE COPY OF THE DETAILEDCALCULATION SHEET OF SOME EMPLOYEES. |
1 issue framed by the court
Whether the petitioners' claim to pension under the EPF Pension Scheme based on contributions on actual salary is covered by the Supreme Court's judgment in Sunil Kumar.
Colour shows how this judgement treated each authority
The Employees Provident Fund Organization and another v. Sunil Kumar and othersRelied on¶30
[2022 (6) KLT 234]
K.VAIDYANATHAN
NJANAMMA JUSTIN
ABDUL KAREEM K.A.
C.P.MADHUSDHAN
P.SANTHOSH KUMAR
NANDAKUMAR K
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court