Cont.Case (C) No. 2137 of 2020

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ## **`THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN`** ``` & ``` ## **`THE HONOURABLE MR.JUSTICE G.GIRISH`** ``` TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 ``` ``` CON.CASE(C) NO. 2137 OF 2020 ``` ``` ARISING OUT OF THE JUDGMENT DATED 27.02.2019 IN WP(C)NO. 9897/2018 OF HIGH COURT OF KERALA ``` ``` PETITIONERS/PETITIONERS 2 TO 10, 12, 13, 14 15 ``` ``` 17,20,21,23,24,28,30,31,35,37,39,40,42 TO 46,49,57,58,60,61,63,65 TO 68,70,71,72,77,79,80,82,85,86,91,95,113,125,132,137,145& 158: ``` ``` 1JOHNNY M.O. AGED 62 YEARS CODE NO. 2001, CHARGEMAN (ELECTRICAL), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT MANDAKAN HOUSE, CHEMBUMUKKU, PTRRA 338, THRIKKAKKARA, KOCHI 682 021. ``` ``` 2REYNOLD N.J, AGED 62 YEARS CODE NO. 2026, CHARGEMAN (ELECTRICAL), COCHIN SHIPYARD LTD, KOCHI 682 015, RESIDING AT NETTO HOUSE, ARYANKALA ROAD, CHALAKKUDY, TRICHUR-680 307 ``` ``` 3JOSEPH K.S, AGED 62 YEARS CODE NO. 2115, CHARGEMAN (SHIPWRIGHT WOOD), COCHIN SHIPYARD LTD, KOCHI 682 015, RESIDING AT KALATHIPARAMBIL HOUSE, CHRIST NAGAR, VARAPUZHA P.O, ERNAKULAM 682 027. ``` ``` 4GRACY K.A., AGED 62 YEARS CODE NO. 2186, LEADING SERVICE ASST. HOUSE KEEPING, COCHIN SHIPYARD LTD., KOCHI 682 015, RESIDING AT CHANNATHIL HOUSE, CANAL ROAD, THYKOODAM, VITTILA, KOCHI-682 019 ``` 2 Cont.Case (C)No.2137 of 2020 ``` 5PETER T.C, AGED 62 YEARS CODE NO. 2334, CHARGEMEN (ELECTRICAL CRANE), COCHI SHIPYARD LTD, KOCHI 682 015, RESIDING AT THEKKUMPURATHU HOUSE, AMBELIPADAM ROAD, VYTTILA P.O, KOCHI-682 019 ``` ``` 6KISHORE A.K, AGED 61 YEARS CODE NO. 2367, DEPUTY SUPERINTENDENT (OFFICE), COCHIN SHIPYARD LTD., KOCHI 682 01, RESIDING AT 22, GIRINAGAR SOUTH, KADAVANTHRA, KOCHI-682 020 ``` ``` 7FRANCIS SIMON K, AGED 62 YEARS CODE NO. 2369, SUPERINTENDENT (LOGISTICS AND INVENTORY), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KUNUKKASSERIL HOUSE, PANAMPILLY NAGAR P.O, KOCHI-682 036 ``` ``` 8JOSEPH K.P, AGED 62 YEARS CODE NO. 2393, JUNIOR RIGGER W9, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KEETHARAR HOUSE, THAPASYA NAGAR, GEORGE GEORGE ROAD, NETTOOR P.O, ERNAKULAM 682 040. ``` ``` 9PARAMESWARAN A.B, AGED 61 YEARS ``` ``` CODE NO. 2394, ELECTRICIAN FITTER, COCHIN SHIPYARD LTD, KOCHI -682 015, RESIDING AT ARYAPPADATH HOUSE, KAMBIVELIKKAKAM, KAKKANAD, KOCHI-682 030 ``` ``` 10JOHN K.A, AGED 60 YEARS ``` ``` CODE NO. 2452, SENIOR RIGGER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KALATHIPARAMBIL HOUSE, ELAMAKKARA P.O, PLAYGROUND ROAD, ERNAKULAM-682 026 ``` ``` 11JOHN VARUGHESE K, AGED 61 YEARS CODE NO. 2474, SENIOR LOGISTIC AND INVENTORY ASSISTANT, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT HARMONY ENCLAVE (LIRA), LINK INDIA, VENNALA P.O, KOCHI-682 028. ``` ``` 12VASUDEVAN P.R, AGED 62 YEARS CODE NO. 2521, DEPUTY CHARGEMAN (WELDING), COCHIN SHIPYARD LTD, KOCHI 682 015, RESIDING AT PUTHIYA MADATHIL HOUSE, KOORKKANCHERU, VADOOKKARA P.O, ``` 3 Cont.Case (C)No.2137 of 2020 ## **`TRICHUR-680 007`** ``` 13JOY C.V, AGED 62 YEARS CODE NO. 2529, DEPUTY CHARGEMAN (WELDER), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT CHULLIKKADAN HOUSE, CHITTISSERY P.O, PUTHUKKAD, TRICHUR-680 301 ``` ``` 14EAPEN K.E, AGED 62 YEARS CODE NO. 2553, CHARGEMAN (WELDING), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT LIG 832, PANAMPAILLLY NAGAR, KOCHI-682 036 ``` ``` 15XAVIER V.O, AGED 62 YEARS CODE NO. 2603, CHARGEMAN (PIPING), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT ALUNCHUVATTIL HOUSE, PUTHIYAKAVU, THRIPUNITHURA P.O, ERNAKULAM-682 301 ``` ``` 16MARTIN M.V, AGED 60 YEARS CODE NO. 2604, CHARGEMAN (PIPING), COCHIN SHIPYARD LTD., KOCHI-682 015, RESIDING AT MADASSERY HOUSE, MOOKKANNOOR P.O, NEAR PALA JN, ANGAMALY (VIA), ERNAKULAM-683 577 ``` ``` 17DEVASSY K.M, AGED 61 YEARS CODE NO. 2615, DEPUTY CHARGEMAN (PIPE), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KARUMATHY HOUSE, KARIYAD, MAIKAD P.O, ERNAKULAM-683 589 ``` ``` 18KRISHNAPISHARADY C.K, AGED 61 YEARS CODE NO. 2623, CHARGEMAN (PIPE), COCHIN SHIPYARD LTD, KOCHI-682 01, RESIDING AT CHIRAKKAL PISHARAM, VARICKAM KUNNU, KARIPADAM P.O, THALAYOLAPPARAMIL (VA), KOTTAYAM-686 605. ``` ``` 19THOMAS C.J, AGED 63 YEARS CODE NO. 2657, CHARGEMAN (WELDING), COCHIN SHIPYARD LTD, KOCHI-682 015. RESIDING AT CHELAKARIYIL HOUSE, KUDAMALOOR P.O, KOTTAYAM-686 017 ``` ``` 20IYPE KOSHY , AGED 61 YEARS CODE NO. 2689, DEPUTY CHARGEMAN (WELDER), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT CHIRAKKAROT ``` 4 Cont.Case (C)No.2137 of 2020 ## **`HOUSE, CHENGAMANAD P.O, KOTTARAKKARA, KOLLAM-691 557.`** ``` 21PAULY A.L, AGED 60 YEARS CODE NO. 2692, CHARGEMAN (WELDING), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT ALAPPAT HOUSE THOTTATHPARAMBU ROAD, MARADU P.O, ERNAKULAM-682 304 22PRAKASAN T.K, AGED 61 YEARS CODE NO. 2720, CHARGEMAN (STRUCTURAL), COCHIN SHIPYARD LTD, KOCHI-682 015 23SIMON PETER, AGED 62 YEARS ARULAPPAN , CODE NO. 2722, CHARGEMAN (STRUCTURAL), COCHIN SHIPYARD LTD., KOCHI 015, RESIDING AT KIDAPITHARA HOUSE, KONGORPPILLY P.O, PARAVUR, ERNAKULAM-683 518 24MADHU K.N, AGED 62 YEARS CODE NO. 2730, CHARGEMAN (STRUCTURAL), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KANDRACHIYIL HOUSE, VAZHOOR P.O, KOTTAYAM-686 504 25OUSEPH P.O, AGED 61 YEARS CODE NO. 2741, CHARGEMAN (STRUCTURAL), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT PALATTY HOUSE, C.N. 78, EAST CHURCH, ANGAMALY P.O, ERNAKULAM 683 572. 26DINESAN P, AGED 62 YEARS CODE NO. 2746, CHARGEMAN (PIPE), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT THEKKEPAT HOUSE, 13/600, BYPASS ROAD, KOTTKKADAVU, KOZHIKODE-673 302 27MOHANSAMUEL, AGED 61 YEARS CODE NO. 2749, CHARGEMAN (PIPE), COCHIN SHIPYARD LTD., KOCHI-682 015, RESIDING AT VALLIYATH HOUSE, NEAR LAYOLA, THAIKKATTUKARA P.O, ALUVA, ERNAKULAM-683 106 28SURENDRAN M, AGED 60 YEARS CODE NO. 2752, SENIOR CHARGEMAN (PIPING), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT POOVANKERIPARAMBIL, NORTH JANATHA, 117-VMJRD, PALARIVATTOM , ERNAKULAM-682 025. ``` 5 Cont.Case (C)No.2137 of 2020 ``` 29MADHUSUTHANAN D, AGED 62 YEARS CODE NO. 2757, CHARGEMAN (PIPING), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT ANJILIKKAVIL HOUSE, NORTH EAST WARD, VAIKOM, KOTTAYAM-686 141 ``` ``` 30CHACKO K.T, AGED 62 YEARS CODE NO. 2761, CHARGEMAN (STRUCTURAL), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KALLUVALIL HOUSE, NEERICADU P.O, KOTTAYAM-686 564 ``` ``` 31AMBIKESAN P, AGED 61 YEARS CODE NO. 2765, SENIOR CRANE OPERATOR (ELECTRICAL), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT 1/272, AMBADY, NETTOOR NORTH, MARADU P.O, ERNAKULAM-682 304. ``` ``` 32SOBHA A, AGED 61 YEARS CODE NO. 2806, SUPERINTENDENT (OFFICE), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT 57/1071, KEZHUPPILLIL MADAM, KADAVANTHRA, KOCHI-682 020 ``` ``` 33JOSE M.A., AGED 61 YEARS CODE NO. 2854, CHARGEMAN (WELDER CUM FITTER), (W), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT MUTTAPPILLIL HOUSE, PERUVA P.O, KOTTAYAM-686 610 34JAMES P.J, AGED 61 YEARS CODE NO. 2865, CHARGEMAN (WELDER CUM FITTER) (W), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT 55/1750, PARIMANATH HOUSE, CLUB ROAD, GIRI NAGAR, KADAVANTHRA, KOCHI-682 020 35EMMANUAL T.L, AGED 61 YEARS CODE NO. 2869, DEPUTY CHARGEMAN (WELDER- CUM FITTER), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT THENAMPARAMBIL HOUSE, KARSHAKA ROAD, KOCHI-682 016. 36HARYAPPAN V, AGED 61 YEARS CODE NO. 2870, CHARGEMAN (SHIPWRIGHT WOOD), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT THAYAPPALLY HOUSE, KUREEKAD P.O, THIRUVANKULAM, ERNAKULAM-682 503 37LUCKOSE K.K, AGED 61 YEARS ``` 6 Cont.Case (C)No.2137 of 2020 ``` CODE NO. 2872, CHARGEMAN (WELDER CUM FITTER), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KARISSERIKAL HOUSE, MANJOOR P.O, KOTTAYAM-686 603. ``` ``` 38JOHN T.J, AGED 61 YEARS CODE NO. 2876, CHARGEMAN (WELDER CUM FITTER), (ST), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT THARAYIL HOUSE, THUMBOLLY P.O, ALAPPUZHA-688 008 ``` ``` 39RAJAN N.E, AGED 60 YEARS CODE NO. 2877, CHARGEMAN (WELDER CUM FITTER), (ST), SHIPYARD LTD, KOCHI-682 015, RESIDING AT NELLORE, EDAKLAPRATH HOUSE, NEAR PERUR UP SCHOOL, MATHAMANGALAM BAZAR P.O, KANNUR-670 306 ``` ``` 40VILSON S, AGED 61 YEARS CODE NO. 2887, CHARGEMAN (WELDER CUM FITTER) (ST), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT SRAMBIL HOUSE, MEKKADAMBU P.O, MUVATTUPUZHA, ERNAKULAM-682 316, RESIDING AT KIZHAKKEPAZHUR KATTIL, NADAKKAVU P.O, ERNAKULAM-682 307 ``` ``` 41CLEETUS M.G, AGED 61 YEARS CODE NO. 2889, CHARGEMAN (WELDER CUM FITTER), (ST), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT MAKKAPARAMBIL HOUSE, POPULAR ROAD, ELAMAKKARA, KOCHI- 682 026. ``` ``` 42RAMESAN K.V, AGED 61 YEARS CODE NO. 2891, DEPUTY CHARGEMAN (WELDER -CUM FITTER), COCHIN SHIPYARD LTD., KOCHI-682 015, RESIDING AT KALATHAM, PARAMBIL HOUSE, KURUMASSERY P.O, ALUVA, ERNAKULAM-693 579 ``` ``` 43POLY K.C, AGED 61 YEARS CODE NO. 2893, CHARGEMAN (WELDER CUM FITTER), (W), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KAIPRAMPADAN HOUSE, MOOKKANNUR, PULLA ROAD, ANGAMALY, ERNAKULAM-653 577 ``` |**`44`**|**`VENUGOPALAN NAIR G,`**| |---|---| ||**`AGED 61 YEARS`**| ||**`CODE NO. 2899, CHARGEMAN (WELDER CUM FITTER), COCHIN`**| ||**`SHIPYARD LTD, KOCHI-682 015, RESIDING AT SIVAKRIPA,`**| ||**`VETTIKKAPILLIL ROAD, UDAYAMPEROOR P.O, ERNAKULAM-682`**| 7 Cont.Case (C)No.2137 of 2020 ## **`307`** ``` 45JAYANANDAN M.K, AGED 61 YEARS CODE NO. 2921, CHARGEMAN (WELDER CUM FITTER), (P), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT MUTHURA PARAMBIL, ALANGAD P.O, KOTTAPPURAM, THRISSUR- 680 584 ``` ``` 46RAVEENDRAN C.N, AGED 62 YEARS CODE NO. 2925, CHARGEMAN (WELDER CUM FITTER), (ST), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT CHETHIVELIL HOUSE, PATTIMATTAM P.O, ERNAKULAM 683 562. ``` ``` 47RAVI C.M, AGED 60 YEARS CODE NO. 2929, CHARGEMAN (WELDER- CUM -FITTER), COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT CHATTUMOOLA HOUSE, KADUKUTTY P.O, CHALAKUDY, THRISSUR-680 329 ``` ``` 48PIUS M.J, AGED 61 YEARS CODE NO. 2937, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT MATHIRAPPILLYIL HOUSE, CHERANALLORE P.O, ERNAKULAM-682 034. ``` ``` 49GEORGE E.K, AGED 62 YEARS CODE NO. 2943, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT EDATHIL HOUSE, PALLIPORT P.O, PALLPURAM, MANI BAZAR WEST, ERNAKULAM-683 515 ``` ``` 50SURENDRAN V.N, AGED 60 YEARS CODE NO. 2945, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT VADASSERY HOUSE, NURSARY SCHOOL ROAD, PONNURUNNI EAST, VYTTILA P.O, KOCHI-682 019 ``` ``` 51RADHAKRISHNAN K.N, AGED 61 YEARS CODE NO. 2969, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KIZHAKKE KARIKKETHU HOUSE, THALACODE P.O, MULANTHURUTHY (VIA), ERNAKULAM -682 314 ``` ## **`52 ABRAHAM K.A, AGED 62 YEARS`** ``` CODE NO. 2981, GARDENER, COCHIN SHIPYARD LTD, KOCHI- 682 015, RESIDING AT KAMBAKALUNKAL HOUSE, NATTASSERY S.H. MOUNT, KOTTAYAM-686 006 ``` 8 Cont.Case (C)No.2137 of 2020 ``` 53KAILASAN N.S, AGED 60 YEARS CODE NO. 3083, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT NADUVILAPURAKKAL HOUSE, MOOTHAKUNNAM, NORTH PARAVOOR P.O, ERNAKULAM-683 516 ``` - **`54 KUNJIMOIDEEN E.M, AGED 61 YEARS CODE NO. 3195, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT EDAYIDATHU HOUSE, KARA P.O, KODUNGALLUR, THRISSUR-680 671`** ``` 55SAINUDEEN K.M, AGED 61 YEARS CODE NO. 3216, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KOCHUTHARA HOUSE, P.V. SREEDHARAN ROAD, KUMBALAM SOUTH, KOCHI-682 506. ``` ``` 56JAYARAJAN P.S, AGED 61 YEARS CODE NO. 3228, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT GRACE VILLA, CONCORDIA LANE, PEROORKADA P.O, TRIVANDRUM -695 005 ``` ``` 57VIJAYAN NAIR K, AGED 60 YEARS CODE NO. 3240, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KAVUVILA HOUSE, CHALIMALA, THURUTHIKKARA, PYANGARAPPILLY P.O, MULANTHURUTHY, ERNAKULAM-682 314 ``` ``` 58CHINNAPPAN E.K, AGED 60 YEARS CODE NO. 3260, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT ETTIYADATH HOUSE, NARANATH ROAD, KARUMALOOR P.O, ALUVA, ERNAKULAM-683 511 ``` ``` BY ADV SRI. K.RAVI (PARIYARATH) ``` ## **`RESPONDENT/4TH RESPONDENT:`** ``` ANDREW PRABHU, (FATHER'S NAME AND AGE IS NOT KNOWN TO THE PETITIONER), ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND SUB REGIONAL OFFICE, 36/685-A, BHAVISHYA NIDHI BHAWAN, POST BOX NO. 1895, KALOOR, KOCHI-682 017 ``` ``` BY ADV SRI.SAJEEV KUMAR K. GOPAL, SC, EPFO ``` ``` THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 9 Cont.Case (C)No.2137 of 2020 ## **JUDGMENT** Anil K. Narendran, J. The petitioners, who are some of the petitioners in W.P.(C)No.9897 of 2018, have filed this Contempt Case, invoking the provisions under Section 12 of the Contempt of Courts Act, 1971 alleging willful disobedience of the directions contained in Annexure A1 judgment dated 27.02.2019 in that writ petition, which was one rendered following Annexure A2 judgment dated 12.10.2018 in W.P.(C)No.13120 of 2015 and connected matters. 2. The SLP filed by the Employees Provident Fund Organisation against the judgment dated 12.10.2018 in W.P.(C) No.13120 of 2015 and connected cases were dismissed by the Apex Court vide order dated 01.04.2019 in SLP (C) - Diary No.9610 of 2019. That order was recalled and the Apex Court rendered a detailed judgment dated 04.11.2022 in Civil Appeal Nos.8143 of 2022 and 8144 of 2022 and connected matters- **Employees Provident Fund Organisation v. Sunil Kumar B. [2022 (7) KHC 12 : AIR 2022 SC 5634]** . In that judgment, the Apex Court held that the provisions contained in Notification No.GSR 609(E) dated 22.08.2014 is legal and valid. The directions contained in paragraph 44 of the said judgment of the Apex Court dated 04.11.2022 read as follows: 10 Cont.Case (C)No.2137 of 2020 “44. We accordingly hold and direct:- (i) The provisions contained in the notification No. G.S.R.609(E) dated 22nd August 2014 are legal and valid. So far as present members of the fund are concerned, we have read down certain provisions of the scheme as applicable in their cases and we shall give our findings and directions on these provisions in the subsequent subparagraphs. (ii) Amendment to the pension scheme brought about by the notification No. G.S.R. 609(E) dated 22[nd] August 2014 shall apply to the employees of the exempted establishments in the same manner as the employees of the regular establishments. Transfer of funds from the exempted establishments shall be in the manner as we have already directed. (iii) The employees who had exercised option under the proviso to paragraph 11(3) of the 1995 scheme and continued to be in service as on 1[st] September 2014, will be guided by the amended provisions of paragraph 11(4) of the pension scheme. (iv) The members of the scheme, who did not exercise option, as contemplated in the proviso to paragraph 11(3) of the pension scheme (as it was before the 2014 Amendment) would be entitled to exercise option under paragraph 11(4) of the post amendment scheme. Their right to exercise option before 1[st] September 2014 stands crystalised in the judgment of this Court in the case of **R.C.** **Gupta and others v. Regional Provident Fund Commissioner, Employees Provident Fund Organisation and others [(2018) 14 SCC 809]** . The scheme as it stood before 1[st] September 2014 did not 11 Cont.Case (C)No.2137 of 2020 provide for any cut-off date and thus those members shall be entitled to exercise option in terms of paragraph 11(4) of the scheme, as it stands at present. Their exercise of option shall be in the nature of joint options covering pre-amended paragraph 11(3) as also the amended paragraph 11(4) of the pension scheme. There was uncertainty as regards validity of the post-amendment scheme, which was quashed by the aforesaid judgments of the three High Courts. Thus, all the employees who did not exercise option but were entitled to do so but could not due to the interpretation on cut-off date by the authorities, ought to be given a further chance to exercise their option. Time to exercise option under paragraph 11(4) of the scheme, under these circumstances, shall stand extended by a further period of four months. We are giving this direction in exercise of our jurisdiction under Article 142 of the Constitution of India. Rest of the requirements as per the amended provision shall be complied with. (v) The employees who had retired prior to 1[st] September 2014 without exercising any option under paragraph 11(3) of the pre-amendment scheme have already exited from the membership thereof. They would not be entitled to the benefit of this judgment. (vi) The employees who have retired before 1[st] September 2014 upon exercising option under paragraph 11(3) of the 1995 scheme shall be covered by the provisions of the paragraph 11(3) of the pension scheme as it stood prior to the amendment of 2014. (vii) The requirement of the members to contribute at the rate of 1.16 per cent of their salary to the extent such salary exceeds Rs.15,000/per month as an additional 12 Cont.Case (C)No.2137 of 2020 contribution under the amended scheme is held to be ultra vires the provisions of the 1952 Act. But for the reasons already explained above, we suspend operation of this part of our order for a period of six months. We do so to enable the authorities to make adjustments in the scheme so that the additional contribution can be generated from some other legitimate source within the scope of the Act, which could include enhancing the rate of contribution of the employers. We are not speculating on what steps the authorities will take as it would be for the legislature or the framers of the scheme to make necessary amendment. For the aforesaid period of six months or till such time any amendment is made, whichever is earlier, the employees’ contribution shall be as stop gap measure. The said sum shall be adjustable on the basis of alteration to the scheme that may be made. (viii) We do not find any flaw in altering the basis for computation of pensionable salary. (ix) We agree with the view taken by the Division Bench in the case of **R.C. Gupta** (supra) so far as interpretation of the proviso to paragraph 11(3) (pre-amendment) pension scheme is concerned. The fund authorities shall implement the directives contained in the said judgment within a period of eight weeks, subject to our directions contained earlier in this paragraph. (x) The Contempt Petition (C) Nos.1917 - 1918 of 2018 and Contempt Petition (C) Nos. 619-620 of 2019 in Civil Appeal Nos. 10013-10014 of 2016 are disposed of in the above terms.” 3. Heard the learned counsel for the petitioners and also the learned Standing Counsel for the Employees Provident Fund 13 Cont.Case (C)No.2137 of 2020 Organisation, for the respondent. 4. In view of the judgment of the Apex Court dated 04.11.2022 in Civil Appeal Nos.8143-44 of 2022 and connected matters **[2022 (7) KHC 12 : AIR 2022 SC 5634]** , the entitlement of the petitioners for disbursement of higher pension requires reconsideration at the hands of the Employees Provident Fund Organisation. 5. The learned Standing Counsel for the respondent would submit that the aforesaid exercise shall be undertaken by the Employees Provident Fund Organisation in accordance with law. In the said circumstances, this Contempt Case is closed, without prejudice to the right of the Employees Provident Fund Organisation to reconsider the entitlement of the petitioners for disbursement of higher pension, in view of the judgment of the Apex Court dated 04.11.2022 in Civil Appeal Nos.8143-44 of 2022 and connected matters **[2022 (7) KHC 12 : AIR 2022 SC 5634]** . Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **G. GIRISH, JUDGE** AV/16/11 14 Cont.Case (C)No.2137 of 2020 ## **`APPENDIX OF CON.CASE(C) 2137/2020`** ## **`PETITIONER ANNEXURES`** ``` ANNEXURE A1A CERTIFIED COPY OF THE JUDGMENT PASSED IN W.P.C NO. 9897/2018 DATED 27.02.2019. ``` ``` ANNEXURE A2TRUE COPY OF THE JUDGMENT PASSED IN W.P.C NO. 13120/2015 DATED 12.10.2018. ``` ## **`RESPONDENT ANNEXURES`** ``` Annexure R1(a)TRUE COPY OF THE ACTUARIAL REPORT DATED 27.12.2018 Annexure R1(B)TRUE COPY OF THE EXPLANATORY STATEMENT DATED 20.06.2019 ``` ``` Annexure R1(C)TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT DATED 12.7.2019 ``` ``` Annexure R1(D)TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT DATED 06.02.2020 ```