Retired India Cements employees sought mandamus directing EPF authorities to accept their option under Clause 11(3) of the EPF Pension Scheme 1995 for pension based on actual salary with arrears. The EPFO submitted that the claim was covered by the Supreme Court judgment in Sunil Kumar B.; the writ petition was closed on that basis.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945
WP(C) NO. 16793 OF 2019
PETITIONERS:
1 K.RAMGOPAL AGED 63 YEARS SON OF K.DAMODHARAN, SHRISTI, GRACE VALUE, MANAMTHADAM PUTHENCRUIZ P.O., ERNAKULAM-682 308 RETIRED EMPLOYEE INDIA CEMENTS LTD., EMPLOYEES PF ACCOUNT NO.TN/MDS/190A/483 PPO NO.KR/KCH/57797.
2 M.M.HEMACHANDRAN AGED 1 YEARS SON OF M.O. VIJAYAN, 3/68 B, RATHNAM, NEDUNGADY GARDENS, NADAKKAVU P.O., KOZHIKODE-673 011 RETIRED EMPLOYEE INDIA CEMENTS LTD., EMPLOYEES PF ACCOUNT NO.TN/CNI/190A/523 PPO NO.KR/KKD/40445.
3 K.UNNIKRISHNAN AGED 1 YEARS SON OF KRISHNAN NAIR, MEEBA, MANAKKAL HOSUE, KODAL, NADAKKAVU PANDIRAMKAVU P.O., KOZHIKODE-673 019 RETIRED EMPLOYEE INDIA CEMENTS LTD., EMPLOYEES PF ACCOUNT NO.TN/MAS/ 0001190/00A/0000591 PPO NO.KR/KKD/000/50423.
4 N.S.ANANDAN NAIR AGED 1 YEARS SON OF N.P.SIVARAMAN NAIR, NARAMATHU HOUSE, PULIMUKKU JN. THENGUKAVU P.O., PATHANAMTHITTA-689 646 RETIRED EMPLOYEE INDIA CEMENTS LTD., EMPLOYEES PF ACCOUNT NO.TN/MAS/0000190/0040/0000648 PPO NO.KR/KCH/00091378.
5 K.P.GEORGE AGED 1 YEARS
SON OF K.V.PAILY, KALARIKKAL HOUSE, MUNDAMVELI P.O., KOCHI682 507, RETIRED EMPLOYEE INDIA CEMENTS LTD., EMPLOYEES PF ACCOUNT NO.TN/MAS/190A/460 PPO NO.KR/KCH/64101. BY ADVS. T.P.SAJAN SRI.M.MOHAMED NAVAZ SRI.B.PRASANTH
RESPONDENTS:
WP.(C.)NO.16793 OF 2019
2
SRI. S. MANU, DSGI
SHRI.P.L.VENUKUMAR, CGC DR.S.GOPAKUMARAN NAIR (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP.(C.)NO.16793 OF 2019
3
JUDGMENT
Dated this the 16th day of January, 2024
The petitioners have approached this Court, seeking the following reliefs;
“1. To issue a writ of mandamus or any other appropriate writ order or direction commanding the 3rd respondent or such other appropriate authorities under the Employees Provident fund and Miscellaneous Provisions Act 1952 to allow the petitioners submit the option under Clause 11(3) of the Pension scheme 1995 and to remit, and the Employees provident fund authorities to accept, the option and collect from the petitioners share of employer's contribution, in excess of the contribution being 8.33% of Rs 6500 which has already been collected and transferred along with additional charges if any and transfer the said amount to their respective Pension fund account of the petitioners and re fix the pension and pay the arrears of pension wef from the date retirement
4
WP.(C.)NO.16793 OF 2019
Provident Fund Organisation V. Sunil Kumar B.
[AIR 2022 SC 5634], and that the claim of the petitioners will be considered in accordance to the terms of the said judgment.
WP.(C.)NO.16793 OF 2019
5
In the light of the above submission, the Writ
Petition is closed, making it clear that the claim of the petitioners will also be considered in terms of the judgment of the Hon’ble Supreme Court in Employees
Provident Fund Organisation V. Sunil Kumar B
(Supra).
Sd/-
GOPINATH P.
JUDGE
NB/16-1
WP.(C.)NO.16793 OF 2019
6
APPENDIX OF WP(C) 16793/2019
PETITIONERS’ EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 4.11.2011 IN WPC 6643/2007. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 5.3.2013 IN WA(C) 1137/2012. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 31.3.2016 IN SLP NO.7074/14 DATED 31.3.2016. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 10.4.2015 IN WPC NO.12248/2015. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 20.12.2018 IN WPC NO.41705/2018.
RESPONDENTS’ EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether retired employees may submit an option under Clause 11(3) of the EPF Pension Scheme 1995 to contribute on actual salary and receive enhanced pension per Supreme Court guidance.
Colour shows how this judgement treated each authority
Employees Provident Fund Organisation V. Sunil Kumar B.Applied¶2
[AIR 2022 SC 5634] · Who else cites this
2 provisions across 2 enactments
K.Ramgopal
M.M.Hemachandran
K.Unnikrishnan
N.S.Anandan Nair
K.P.George
Union of India
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
