Cont.Case (C)No.1997 of 2019

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MRS.JUSTICE SOPHY THOMAS ``` ``` WEDNESDAY, THE 11[TH] DAY OF OCTOBER 2023 / 19TH ASWINA, 1945 CON.CASE(C) NO. 1997 OF 2019 ``` ``` AGAINST THE JUDGMENT DATED 12.10.2018 IN WP(C)NO.5186/2017 ``` ``` OF HIGH COURT OF KERALA ``` ## **`PETITIONERS/PETITIONERS:`** - **`1 RADHAMMA J., AGED 76 YEARS, W/O. P. RAVEENDRAN, RETIRED SENIOR GRADE OFFICE ATTENDANT, KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KOLOOR KIZHAKKATHIL, EDAKKAD PO, PORUVAZHY, KOLLAM, (PETITIONER NO. 2 IN WPC 5186/2017.)`** - **`2 GOPALAKRISHNAN PILLAI K., AGED 65 YEARS S/O. KUTTAN PILLAI, RETIRED SENIOR GRADE PEON, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, LALITHA NIVAS, KALARI, PANMANA, CHAVARA PO, KOLLAM, (PETITIONER NO. 3 IN WPC 5186/2017).`** - **`3 BABU JOSE, AGED 63 YEARS, S/O.K.T. JOSE, RETIRED DEPUTY GENERAL MANAGER (PROJECTS), THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KANJIRAKKATTU VEEDU, TITANIUM NAGAR, KAVANAD PO, KOLLAM, (PETITIONER NO. 4 IN WPC 5186/2017).`** - **`4 KESAVAN POTTI V., AGED 61 YEARS, S/O. VENKITESWARAN POTTI, RETIRED A.E.E (O), THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, GAYATHRI, AAKKAL BHAGOM, EDAPPALLY KOTTA, CHAVARA, KOLLAM. (PETITIONER NO. 5 IN WPC 5186/2017.)`** - **`5 CHANDRA BHANU.R., AGED 62 YEARS, S/O. RAGHAVAN, RETIRED A.P.E.,THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM,BHANU NIVAS, NATTAYAKONAM, KAZHAKOOTTAM PO, THIRUVANANTHAPURAM, (PETITIONER NO. 6 IN WPC 5186/2017).`** 2 Cont.Case (C)No.1997 of 2019 ``` 6MURALEEDHARAN PILLAI, AGED 66 YEARS S/O. BALAKRISHNA PILLAI, RETIRED TECHNICIAN FITTER GRADE .C, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, DHANYA VIHAR, CHERUSSERY BHAGOM, CHAVARA PO, KOLLAM, PETITIONER NO. 7 IN WPC 5186/2017). ``` - **`7 SANKARANKUTTY NAIR, AGED 70 YEARS S/O. RAGHAVAN NAIR, RETIRED WORKER GRADE 1, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, SHEEBHAVAN, CHITTOOR, PONMANA PO, PANMANA, CHAVARA, KOLLAM, (PETITIONER NO. 8 IN WPC 5186/2017)`** - **`8 MOHAMMED KUNJU, AGED 70 YEARS, S/O. MYTHEEN KUNJU, RETIRED SENIOR GRADE WORKER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KALEELIL VEEDU, THOTTINU VADAKKU, CHAVARA PO, KOLLAM, (PETITIONER NO. 9. IN WPC 5186/2017).`** - **`9 BALANCHANDRAN J., AGED 63 YEARS, S/O. JANARDHANAN, RETIRED SENIOR GRADE WORKER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, BINU BHAVANAM, POROOKKARA, EDAPPALLY COTTA, PONMANA PO, CHAVARA, KOLLAM, (PETITIONER NO. 102 IN WPC 5186/2017)`** - **`10 KRISHNAN NAIR M., AGED 65 YEARS, S/O. K. MADHAVAN NAIR, RETIRED ASSISTANT GENERAL MANAGER (MARKETING - IN - CHARGE),THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KULATHINTE KIZHAKKETHIL, AAKKAL, PANMANA, EDAPPALLY COTTA, KOLLAM, (PETITIONER NO. 12 IN WPC 5186/2017).`** - **`11 SUGATHAN R., AGED 62 YEARS, S/O. RAGHAVAN, RETIRED TECHNICIAN GRADE A, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KRIPA BHAVAN, MYLADUM PARA, PARIPPALLY PO, KOLLAM, (PETITIONER NO. 13 IN WPC 5186/2017)`** - **`12 SOMARAJAN V., AGED 67 YEARS, S/O. VASUDEVAN, RETIRED WORKER GRADE I, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, DILEEP BHAVAN, CHITOOR, PANMANA, PONAMANA PO, CHAVARA, KOLLAM, (PETITIONER NO. 14 IN WPC 5186/2017).`** 3 Cont.Case (C)No.1997 of 2019 - **`13 MOHNAN G., AGED 65 YEARS, S/O. GOVINDAN. D. RETIRED WORKER GRADE C, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KADAKKAL VEEDU, CHITTOOR, PANMANA, PONMANA, CHAVARA, KOLLAM, (PETITIONER NO. 16 IN WPC 5186/2017).`** - **`14 RADHAKRISHNA PILLAI, AGED 64 YEARS S/O. KUTTAN PILLAI, RETIRED SENIOR WORKER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, EDAKOCHILEZHATHU VEEDU, CHITOOR, PANMANA, PONMANA PO, KOLLAM, (PETITIONER NO. 17 IN WPC 5186/2017).`** - **`15 SIVASANKARA PILLAI, AGED 66 YEARS S/O.DAMODARAN PILLAI, RETIRED WORKER GRADE II, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, RENJITH NIVAS, VADAKKUMTHALA MEKKU PO, KARUNAGAPPALLY, KOLLAM, (PETITIONER NO. 18 IN WPC 5186/2017).`** - **`16 PARAMU C.K., AGED 67 YEARS, S/O. KARUTHAKUNJU, RETIRED WORKER GRADE I, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KARALI VADAKKATHIL, KALARI, PANMANA, CHAVARA PO, KOLLAM, (PETITIONER NO 19 IN WPC 5186/2017)`** - **`17 SADANANDAN C., AGED 63 YEARS`** - **`S/O. CHELLAPPAN, RETIRED SENIOR GRADE WORKER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, SAJITHA VILASAM, KALARI, PANMANA, CHAVARA PO, KOLLAM (PETITIONER NO. 20 IN WPC 5186/2017).`** - **`18 ALIYARUKUTTY, AGED 66 YEARS, S/O. MYTHEENKUNJU, RETIRED WORKER GRADE I, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, ANEESH MANZIL, KALARI, PANMANA, CHAVARA PO, KOLLAM, (PETITIONER NO. 22 IN WPC 5186/2017).`** - **`19 VIJAYAN N., AGED 65 YEARS, S/O. NARAYANAN, RETIRED SENIOR GRADE WORKER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, VINISH BHAVANAM, KALARI, PANMANA, CHAVARA PO, KOLLAM, (PETITIONER NO. 23 IN WPC 5186/2017).`** - **`20 KARTHIKEYAN K.M., AGED 67 YEARS, S/O. MADHAVAN, RETIRED SECOND GRADE WORKER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KALESH BHAVAN,`** 4 Cont.Case (C)No.1997 of 2019 ``` PORUKKARA, EDAPPALLY COTTA PO, KOLLAM (PETITIONER NO 24 IN WPC 5186/2017). ``` - **`21 MOHANAN PILLAI G., AGED 62 YEARS S/O. RAMACHANDRAN PILLAI, RETIRED SENIOR GRADE OFFICE ATTENDANT, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, VISHNUPRIYA, PADINJATTAM MURI, SOORANADU NORTH PO, KOLLAM, (PETITIONER NO. 26 IN WPC 5186/2017).`** - **`22 GEORGE KUTTY A., AGED 63 YEARS, S/O. ABRAHAM, RETIRED SENIOR GRADE WORKER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, JIBU VILASAM, PAZHANGALAM, NALLILA PO, VIA PERUMPUZHA, KOLLAM, (PETITIONER NO. 28 IN WPC 5186/2017).`** - **`23 RADHAKRISHNAN ACHARY P., AGED 62 YEARS`** - **`S/O. PARAMEWSARAN ACHARY, RETIRED ASSISTANT STORE OFFICER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, VADAKKAMANUVELLEL VEEDU, KOTTAKKAKAM, CHAVARA, KOLLAM, (PETITIONER NO. 32 IN WPC 5186/207).`** - **`24 REGEE POTHAN THOMAS, AGED 62 YEARS, S/O.P THOMAS, RETIRED DEPUTY GENERAL MANAGER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, SAROMA KAYYALATH, SANTHI LANE, NCC ROAD, AMBALAMUKKU, THIRUVANANTHAPURAM, (PETITIONER NO. 33 IN WPC 5186/2017).`** - **`25 ARAVINDAKSHAN P.K., AGED 63 YEARS,`** - **`S/O. K.V. KESAVAN NAIR, RETIRED EMPLOYEE, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, PEECHALAKATTU (ROHINI), PULLUVAZHI PO, KEEZHILLAM, PERUMBAVOOR, ERNAKULAM, (PETITIONER NO. 34 IN WPC 5186/2017).`** - **`26 SASIDHARAN K., AGED 62 YEARS, S/O. KUNJUKUNJU, RETIRED OPERATOR GRADE .A, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM,SREEVALSAM, PUTHUPPALLY, KAYAMKULAM, ALAPPUZHA DISTRICT, (PETITIONER NO. 35 IN WPC 5186/2017.)`** - **`27 SREEKUMAR M., AGED 62 YEARS, S/O. K. MADHAVAN PILLAI, RETIRED OPERATOR GRADE A, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, REVATHY,`** 5 Cont.Case (C)No.1997 of 2019 ``` KAIRALI NAGAR, 32 A, NEAR T.B. JUNCTION, KOTTARAKKARA PO, KOLLAM, (PETITIONER NO. 36 IN WPC 5186/2017). ``` - **`28 PAUL C. VARGHESE, AGED 61 YEARS,`** - **`S/O. C.P. VARGHESE, RETIRED OPERATOR GRADE A, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, CHRUVATHOOR HOUSE, CHERUSSERY BHAGAM, CHAVARA PO, KOLLAM, (PETITIONER NO. 37 IN WPC 5186/2017).`** - **`29 JANHANGIR M., AGED 61 YEARS, S/O. P.P. MOHAMMED ISMAIL, RETIRED ASSISTANT GENERAL MANAGER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, ANWAR MANZIL, T.K.M.C. P.O., KARIKODE, KOLLAM, (PETITIONER NO 38 IN WPC 5186/2017.`** - **`30 RADHAKRISHNA PILLAI G., AGED 64 YEARS`** - **`S/O. GOPINATHANPILLAI, RETIRED WORKER GRADE A, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KALEELIL KIZHAKKATHIL, PANMANA, EDAPPALLY COTTA PO, KOLLAM, (PETITIONER NO. 39 IN WPC 5186/2017).`** - **`31 RAJAN G., AGED 66 YEARS, S/O. JANARDHANAN, RETIRED JUNIOR BOILER OPERATOR, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, EDAKKATTU VEEDU, CHITTOOR, PANMANA, PONMANA PO, CHAVARA,75914 (PETITIONER NO. 40 IN WPC 5186/2017.)`** - **`32 ANI AMMA, AGED 62 YEARS, D/O. SEBASTIAN, RETIRED EMPLOYEE, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, POOMANGALAM, ANANDAVALLEESWARAM, COLLECTORATE PO, KOLLAM, (PETITIONER NO 42 IN WPC 5186/2017).`** - **`33 REGHUNATHAN PILLAI, AGED 62 YEARS, S/O. BHASKARAN PILLAI, RETIRED KHALASI, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, THEMOOTIL VEEDU, VADAKKUMTHALA EAST, P.O. KARUNAGAPPALLY, KOLLAM, (PETITIONER NO 43 IN WPC 5186/2017)`** - **`34 GOPALAKRISHNAN, AGED 62 YEARS, S/O. RAGHAVAN, RETIRED KHALASI, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, THALIYAZHICHAL, KALARI, PANMANA, CHAVARA PO, KOLLAM, (PETITIONER NO. 44 IN WPC 5186/2017).`** 6 Cont.Case (C)No.1997 of 2019 - **`35 SIVARAJAN K., AGED 63 YEARS, S/O.KUNJUPILLAI, RETIRED SENIOR GRADE WORKER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KANDATHIL HOUSE, POROOKKARA, EDAPPALLY COTTA PO, CHAVARA, KOLLAM, (PETITIONER NO. 45 IN WPC 5186/2017)`** - **`36 MUHAMMED KUNJU A., AGED 65 YEARS, S/O. ALIYARKUNJU, RETIRED WORKER GRADE II, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KOLATHU PADEETTATHIL HOUSE, VADAKKUMTHALA EAST PO, KOLLAM, (PETITIONER NO. 46 IN WPC 5186/2017).`** - **`37 SASIDHARAN N., AGED 65 YEARS, S/O. NEELAKANTAN, RETIRED SENIOR GRADE WORKER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, PUTHOORKALLIL PADINJATTATHIL, PALAKKAL, THEVALAKKARA, KOLLAM, (PETITIONER NO. 47 IN WPC 5186/2017)`** - **`38 BASHEER KUNJU, AGED 63 YEARS, S/O. ABDUL RAHMAN KUNJU, RETIRED WORKER GRADE A, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, PATTANTAIYATHU VADAKKATHIL, PANMANA, EDAPPALLY COTTA, CHAVARA, KOLLAM, (PETITIONER NO. 48 IN WPC 5186/2017).`** - **`39 SHAHUL HAMEED, AGED 63 YEARS, S/O. MUHAMMED KUNJU, RETIRED SENIOR GRADE WORKER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, VALLIYA VEETUKAL PUTHEN VEEDU, PALODU, PONMANA, EDAPPALLY COTTA, KOLLAM, (PETITIONER NO. 49 IN WPC 5186/2017)`** - **`40 OMANAKUTTAN G., AGED 62 YEARS, S/O. GANGADHARAN, RETIRED SENIOR GRADE WORKER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KOCHUVEETHIL VADAKKATHIL, PANMANA, CHAVARA, KOLLAM, (PETITIONER NO. 51 IN WPC 5186/2017)`** - **`41 GEORGE STEEPHEN, AGED 64 YEARS, S/O. VARGHESE GEORGE, RETIRED STORE ATTENDER GRADE I, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KOCHUVEETHIL VADAKKATHIL, PANMANA, CHAVARA, KOLLAM, SIBUSUN DALE, MEKKADU, PANMANA, CHAVARA PO, KOLLAM, (PETITIONER NO. 52 IN WPC 5186/2017).`** - **`42 ABDUL AZIZ, AGED 63 YEARS, S/O. ALIYAR KUNJU, RETIRED SENIOR GRADE WORKER, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, KOTTOOR MANZIL,`** 7 Cont.Case (C)No.1997 of 2019 ``` EDAPPALLY COTTA, PANMANA, KOLLAM, (PETITIONER NO. 53 IN WPC 5186/2017) ``` - **`43 MOHANAN K. A., AGED 60 YEARS, S/O. K.E. ACHUTHAN, RETIRED EMPLOYEE, THE KERALA MINERALS AND METALS LTD. CHAVARA, KOLLAM, SOPANAM, BODHINAGAR -4A, THATTAMALA, KOLLAM, (PETITIONER NO. 54 IN WPC 5186/2017)`** - **`BY ADVS. K.SASIKUMAR SRI.S.ARAVIND`** ## **`RESPONDENTS/RESPONDENTS 3 & 4:`** - **`1 SMT.KAVITHA N. GEORGE, (FATHER’S/HUSBAND’S NAME, AGE AND RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONERS) ADDL. CENTRAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004.`** ## **`*2 V. ANDREW PRABHU,`** ``` (FATHER’S NAME, AGE AND RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONERS), REGIONAL PROVIDENT FUND COMMISSIONER, NO. 36/685A, BHAVISHYANIDHI BHAVAN, KALOOR, ERNAKULAM, COCHIN 682 017. ``` ``` *(2[ND] RESPONDENT IS DELETED AND SUBSTITUTED AS ``` ``` SATHEESH KUMAR B.T. (AGE AND FATHER’S NAME NOT KNOWN TO THE PETITIONERS) ASSISTANT PF COMMISSIONER, SUB REGIONAL PROVIDENT FUND OFFICE, KOLLAM-691 001 ``` ``` AND ``` - **`*3 FEBIN VARGHESE, AGED 52 (FATHER’S NAME NOT KNOWN TO THE PETITIONERS), MANAGING DIRECTOR, KERALA MINERALS AND METALS LTD. (PIGMENT UNIT), CHAVARA, KOLLAM, PIGMENT UNIT, SANKARAMANGALAM, CHAVARA, KOLLAM DISTRICT, PIN – 691 583`** - **`*IS IMPLEADED AS ADDITIONAL 3[RD] RESPONDENT VIDE ORDER DATED 11.10.2023 IN I.A.NO.1 OF 2019`** ``` R BY ADV.SMT NITA N.S ``` 8 Cont.Case (C)No.1997 of 2019 ``` THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 11.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 9 Cont.Case (C)No.1997 of 2019 ## **JUDGMENT** Anil K. Narendran, J. The petitioners, who are some of the petitioners in W.P.(C)No.5186 of 2017, 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 I judgment dated 12.10.2018 in that writ petition along with 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: “44. We accordingly hold and direct:- 10 Cont.Case (C)No.1997 of 2019 (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 provide for any cut-off date and thus those members shall 11 Cont.Case (C)No.1997 of 2019 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 preamended 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 contribution under the amended scheme is held to be ultra 12 Cont.Case (C)No.1997 of 2019 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.1997 of 2019 Organisation, for the respondents. 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 respondents 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/SOPHY THOMAS, JUDGE** AV/17/10 14 Cont.Case (C)No.1997 of 2019 ## **`APPENDIX OF CON.CASE(C) 1997/2019`** ``` PETITIONER ANNEXURES ``` ``` ANNEXURE 1A CERTIFIED COPY OF THE JUDGMENT OF HONBLE HIGH COURT OF KERALA, IN WPC NO. 5186/2017 DATED 12.10.2018. ```