Contempt Case (C) No. 44 of 2021, Contempt of Court Case before the High Court of Kerala at Ernakulam

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE G.GIRISH ``` ``` WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945 ``` ``` CON.CASE(C) NO. 44 OF 2021 ``` ``` ARISING OUT OF THE JUDGMENT DATED 25.02.2019 IN WP(C)NO. 7569/2018 OF HIGH COURT OF KERALA ``` ``` PETITIONERS:1,3,5,10,11,18,19,26,137,138,149,191,192,193,19 5,197,199,201,203,204,206,207,209,210,211,212,213,214,219,2 20,225,226,228,229,232,236,239,243,247,248,249,252,256,259, 261,263,270,274,275,279,281,289,297,299,339: ``` ``` 1JOY P.L AGED 62 YEARS ``` ``` S/O. LONAPPAN, CODE NO. 2092, DEPUTY MANAGER, COCHIN SHIPYARD LTD, KOCHI 682 015, RESIDING AT PONMANASSERY HOUSE, NELLAYI P.O, TRICHUR 680 305. ``` ``` 2PRABHAKARAN K.N, AGED 60 YEARS ``` ``` S/O. NARAYANAN K.K, S/O. NARAYANAN K.K, CODE NO. 2297, SENIOR MANAGER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT 18/1932A, KOTTARATHIL HOUSE, VALUMMEL ROAD, PALLURUTHY P.O, KOCHI-682 006. ``` ``` 3RADHAKRISHNAN NAIR P.B, AGED 62 YEARS ``` ``` S/O. BHASKARAN PILLAI, AGED 62 YEARS, CODE NO. 2576, DEPUTY MANAGER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT POURNAMI, KURUMPALOOR, NEEASWARAM P.O, KOTTARAKKARA, KOLLAM-691 505 ``` ``` 4GEORGE SEBASTIAN, AGED 61 YEARS ``` ``` S/O. DEVASSIA P. MATHAI, CODE NO. 2701, ASSISTANT MANAGER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT PARATHOTTIYIL, PRIYADARSINI NAGAR, THEVARA P.O, KONTHURUTHY, KOCHI-682 013. ``` 2 Cont.Case (C)No.44 of 2021 - **`5 POULOSE P.P, AGED 61 YEARS`** ``` S/O. PAPPU, CODE NO. 2702, ASSISTANT MANAGER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT PUTHUSSERY HOUSE, KIDANGOOR P.O, ANGAMALY, ERNAKULAM-683 572 ``` ``` 6SAILAJA KUMARI C, AGED 61 YEARS D/O. LATE RAGHAVAN PILLAI, CODE NO. 2809, SENIOR MANAGER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT H.NO. 27/2702 B, SREESYLAM, LEO CLUB LANE, K.P. VALLON ROAD, KADAVANTHRA P.O, PIN-682 020 ``` ``` 7SHOBHA P, AGED 61 YEARS D/O. RAGHAVAN PALERI, CODE NO. 2810, DEPUTY MANAGER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT SOUBHAGYA, 56/1049, VIDYA NAGAR-VNRA 105, KADAVANTHRA P.O, KOCHI-682 020 ``` ``` 8SURENDRAN K.A, AGED 61 YEARS S/O. AYYAPPAN K.K, CODE NO. 2933, ASSISTANT MANAGER, COCHIN SHIPYARD LTD, KOCHI 682 015, RESIDING AT KOTTAPPADY HOUSE, NJALOOKKARA, AZHAKAM P.O, ERNAKULAM- 683 577 ``` ``` 9HARIDAS N, AGED 60 YEARS S/O. NARAYANAN NAIR, CODE NO. 2704, ASSISTANT MANAGER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KRA 62, PRAYAGA, ST. JOSEPH CHURCH ROAD, KADAVANTHRA P.O, KOCHI-682 020 ``` ``` 10VIJAYANANDU P.K, AGED 60 YEARS S/O. KOCHUKUTTAN, CODE NO. 2909, ASSISTANT MANAGER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT PANDANKARIYIL HOUSE, VALAMANGAAM NORTH, THURAVOOR P.O, ALAPPUZHA, 688 532. 11VARADARAJAN S, AGED 60 YEARS S/O. V. SREENIVASAN, CODE NO. 2789, GENERAL MANAGER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT B5, SREEHARI APARTMENTS, INFORT, TRIPUNITHURA P.O, ERNAKULAM-682 301 12THOMAS K.M, AGED 61 YEARS S/O. K.T. MATHAI, CODE NO. 2519, ASSISTANT ENGINEER ``` 3 Cont.Case (C)No.44 of 2021 ``` SG, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KANNAMPUZHA HOUSE, MULLASSERY, VATTAPARAMBU P.O, KURUMASSERY (VIA), ERNAKULAM-683 579 ``` ``` 13RAJAN P.G, AGED 62 YEARS ``` ``` S/O. P.I. GOPALAN, CODE NO. 2527, ASSISTANT ENGINEER SG, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT PAICKAKUDY HOUSE, CHOORAMUDY, KOMBANAD, ERNAKULAM-683 546 ``` ``` 14LAKSHMANAN A, AGED 61 YEARS ``` ``` S/O. KORAN, CODE NO. 2532, ASSISTANT ENGINEER, SG, COCHIN SHIPYARD LTD, KOCHI, 682 015, RESIDING AT ATHILATT HOUSE, SANTHINAGAR ROAD, VENNALA P.O, KOCHI- 682 028. ``` ``` 15JOY A.P, AGED 61 YEARS CODE NO. 2533, ASSISTANT ENGINEER-SG, COCHIN SHIPYARD LTD, KOCHI 682 015, AMABALATHUMARIYIL HOUSE, KUNNAPPILLY, PERUVA P.O, MULAKKULAM, KOTTAYAM-686 610 ``` ``` 16RAVI P.K, AGED 61 YEARS S/O. KUNJUNNY, CODE NO. 2535, ASSISTANT ENGINEER-SG, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT PARIPPIL PARAMBIL HOUSE, MAIKKAD P.O, BHAYI ROAD, NEDUMBASSERY, ERNAKULAM-683 589 ``` ``` 17THOMAS P.X, AGED 61 YEARS S/O. PT. XAVIER, CODE NO. 2567, ASSISTANT ENGINEER-SG, COCHIN SHIPYARD LTD, KOCHI 682 015, RESIDING AT PADATHARA HOUSE, P.D. ROAD, PALLURUTHY, KOCHI-682 006 ``` |**`18`**|**`JOHNSON P.K,`**| |---|---| ||**`AGED 60 YEARS`**| ||**`S/O. KOCHAPPAN P.L, CODE NO. 2598, ASSISTANT`**| ||**`ENGINEER , SG, COCHIN SHIPYARD LTD, KOCHI-682 015,`**| ||**`RESIDING AT PALIAKKARA HOUSE, NEAR AYURVEDA HOSPITAL,`**| ||**`PERAMBRA P.O, TRICHUR-680 689`**| |**`19`**|**`JACOB K.P.,`**| ||**`AGED 60 YEARS`**| ||**`S/O. SKARIA PAULOSE, CODE NO. 2605, ASSISTANT`**| ||**`ENGINEER, SG, COCHIN SHIPYARD LTD, KOCHI-682 015,`**| ||**`RESIDING AT KIZHAKKENEATH HOUSE, ONAKKOOR P.O,`**| ||**`ONAKKOOR, ERNAKULAM-686 667`**| 4 Cont.Case (C)No.44 of 2021 ``` 20RAJASEKHARAN PILLAI R, AGED 60 YEARS ``` ``` S/O. RAGHAVAN PILLAI P, CODE NO. 2612, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT PERUMPILAVIL HOUSE, KANNIMEL CHERRY, NEAR LAKE FORD SCHOOL, SAKTHIKULANGARA, KAVANAD P.O, KOLLAM-691 003 ``` ``` 21SURESH P.N, AGED 61 YEARS S/O. P.V. NARAYANAN, CODE NO. 2617, ASSISTANT ENGINEER, SG , COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT SUNITHA NIVAS, SOUTH VAZHAKKULAM P.O, ALUVA, ERNAKULAM-683 105 22KURUVILA T.K, AGED 61 YEARS S/O. T.K. KURUVILLA, CODE NO. 2622, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT THUNDIYIL HOUSE, KUREEKKAD P.O, JAI NAGAR, ERNAKULAM-682 305 23SUNANDHAN T.S, AGED 60 YEARS S/O. SULAPANY, CODE NO. 2625, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT 4 S COTTAGE, 31/9B, AMBELIPADAM ROAD, JANATHA VYTTILA, VYTTILA P.O, KOCHI-682 019 24SAITHUMUHAMMED M.M., AGED 60 YEARS S/O. MUHAMMED, CODE NO. 2629, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT MUNDANASSERIL HOUSE, DESHABHIMANI ROAD, KARUKAPPILLY, KALOOR, KOCHI-682 017 25KRISHNADAS P.M, AGED 60 YEARS S/O. KUNHIRAMAN P.M, CODE NO. 2631, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT AISWARYA HOUSE, KOCHAPPILLY ROAD, CHILAVANNOOR, KADAVANTHRA, KOCHI-682 020 26MATHAI N.V, AGED 60 YEARS S/O. VARGHESE, CODE NO. 2645, ASSISTANT ENGINEER, SG, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT NELLIKKATHURUTHEL HOUSE, PERUVA P.O, KOTTAYAM-686 610 27GOVINDANKUTTY P.M, AGED 61 YEARS S/O. K. GOPALAN NAIR, CODE NO. 2651, ASSISTANT ``` 5 Cont.Case (C)No.44 of 2021 ``` ENGINEER, SG, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT MELE KANIKKATTIL HOUSE, FAROOK COLLEGE P.O, KOZHIKODE-673 632 ``` ``` 28VIJAYAN K, AGED 60 YEARS S/O. KITTA V, CODE NO. 2652, RESIDING AT SRUTHILAYA, KUREEKKAD P.O, THIRUVANKULAM (VIA), ERNAKULAM-682 305 29JOHN K.A, AGED 61 YEARS S/O. AUGUSTINE, CODE NO. 2655, ASSISTANT ENGINEER, S.G, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KUDIYIRICKAL HOUSE, MUDAVOOR P.O, MUVATTUPUZHA, ERNAKULAM-686 669 30YAKKOOB E, AGED 62 YEARS S/O. VEERANKUTTY, CODE NO. 2669, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT ARRA- 17, ADAPPILLY ROAD, VENNALA P.O, KOCHI-682 028 31SALIMKUMAR P.V, AGED 60 YEARS S/O. PONNAPPAN G, CODE NO. 2672, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT 18/2062 A, DEEPA M, VALUMMEL ROAD, THOPPUMPADY, KOCHI- 682 005 32SASI A.V, AGED 61 YEARS S/O. VELU, CODE NO. 2693, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI 682 015, RESIDING AT ALUNKAL, KANAYANNUR P.O, PALACE SQUARE, CHOTTANIKKARA, ERNAKULAM-682 312 33KRISHNAN P.A, AGED 61 YEARS S/O. AYYAPPAN, CODE NO. 2698, ASSISTANT ENGINEER, SG, COCHIN SHIPYAD LTD, KOCHI-682 015, RESIDING AT PURATHAZHATHU HOUSE, ALAMATTAM, KUNDOOR P.O, THRISSUR- 680 734 34RAMACHANDRAN NAIR T.A, AGED 61 YEARS S/O. ACHUTHAKURUP, CODE NO. 2706, ASSISTANT ENGINEER , SG COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT SREE NILAYAM, ANRA 12, AISWARYA NAGAR, TRIPUNITHURA P.O, ERNAKULAM-682 301 ``` 6 Cont.Case (C)No.44 of 2021 ``` 35GANGADHARAN M.P, AGED 61 YEARS CODE NO. 2708, ASSISTANT ENGINEER, SG COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT MEPRATHUSSERIL HOUSE, MUTTAR P.O, ALAPPUZHA-689 574 ``` ``` 36VARGHESE I, AGED 60 YEARS S/O. ISSAC, CODE NO. 2723, ASSISTANT ENGINEER, -SG, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT PANCHARIEL HOUSE, CONVENT ROAD, VYTTILA P.O, KOCHI-682 019 37MOHAN S, AGED 61 YEARS S/O. SREEDHARAN NAIR, CODE NO. 2762, ASSISTANT ENGINEER, SG, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT SREE PRASADAM, THOMASPURAM, MARADU P.O, ERNAKULAM-682 304 38RAVI K.K, S/O. KAVALAN, CODE NO. 2769, ASSISTANT ENGINEER, SG COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KIDANGATH HOUSE, ARYNKALA, CHALAKKUDY, TRICHUR-680 307 39PEETHAMBARAN P.G, AGED 60 YEARS S/O. GOPALAN P.K, CODE NO. 2797, ASSISTANT ENGINEER, SG, COCHIN, SHIPYARD LTD., KOCHI-682 015, RESIDENT AT PANDIPARA HOUSE, NURSERY SCHOOL ROAD, PONNURUNNI EAST, VYTTILA P.O,KOCHI-682 019 40RADHAKRISHNAPILLAI G, AGED 62 YEARS S/O. GOPALA PILLAI, CODE NO. 2860, ASSISTANT ENGINEER, SG COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT HOUSE NO. 14, NANDANAM, AISWARYA NAGAR, THEKKUM BHAGAM, TRIPUNITHURA, ERNAKULAM-682 301 41BASHEER V.H, AGED 61 YEARS S/O. HASSAN, CODE NO. 2861, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT VELLAPPALLIL HOUSE, SANTHINAGAR ROAD, VENNALA P.O, ERNAKULAM-682 028. 42PAUL SUDHAKAR, AGED 61 YEARS S/O. K. SUDHAKARAN, CODE NO. 2862, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT 10/543, PAVITHRAM, VIKAS NAGAR, NEAR KUNDANNUR JN, ``` 7 Cont.Case (C)No.44 of 2021 ## **`MARADU P.O, ERNAKULAM-682 304`** ``` 43PURUSHOTHAMAN K, AGED 61 YEARS ``` ``` S/O. ACHUTHAN, CODE NO. 2967, ASSISTANT ENGINEER, SG , COCHIN SHIPYARD LTD, KOCHI 682 015, RESIDING AT 1400 B, PREETHI, SANTHINAGAR, CHURCH ROAD, CHAKKARAPARAMBU, VENNALA P.O, KOCHI-682 028. ``` ## **`44 RAVEENDRANATHAN ACHARI K, AGED 61 YEARS`** ``` CODE NO. 2882, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT LIG 31, KASTURBA NAGAR, KOCHU KADAVANTHRA, KOCHI-682 020 ``` ``` 45ABDULLA K.M, AGED 61 YEARS S/O. K.M. MUHAMMED, CODE NO. 2888, ASSISTANT ENGINEER, SG COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT THOPPIL HOUSE, EAST MUVATTUPUZHA, MUVATTUPUZHA P.O, ERNAKULAM,686 661 ``` ``` 46JOY B.K, AGED 61 YEARS S/O. KOCHU VAREED, CODE NO. 2895, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT BRAHMAKULATH HOUSE, KALLETTUMKARA P.O, THRISSUR DT, 680 683 ``` ``` 47MOHANAN U.K, AGED 62 YEARS S/O. ULAKAN KUNJAN, CODE NO. 2898, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KOMKERIL, UDYANAPURAM P.O, KARUVALLIPADY, VAIKOM, KOTTAYAM-686 143 ``` ``` 48MATHEWSON ANTONY C, AGED 61 YEARS S/O. C.P. ANTONY, CODE NO. 2924, ASSISTANT ENGINEER, SG, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT CHAKKALAKKAL HOUSE, THAZHEKKADU, KALLETTUMKARA P.O, TRICHUR-680 683 ``` ``` 49SURESH BABU R, AGED 61 YEARS S/O. V. RAGHAVAN PILLAI, CODE NO. 2944, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT 57/538, GOVINDAM, 167, VINOBA NAGAR, KADAVANTHRA P .O, KOCHI-682 020 ``` 8 Cont.Case (C)No.44 of 2021 ## **`50 DINESH U.`** ``` S/O. UNNIAPPAN, CODE NO. 2946, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT ARUNODAYAM, CHOTTANIKKARA P.O, ERUVELI, ERNAKULAM-682 312 ``` ``` 51AYYAPPANKUTTY K.T, AGED 61 YEARS S/O. THEVAN, CODE NO. 2971, ASSISTANT ENGINEER, SG COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT KOTHAKKUZHI NIRAPPEL HOUSE, VETTICKAL P.O, MULANTHURUTHY, ERNAKULAM-682 314 ``` ``` 52RAJEEV E.N, AGED 60 YEARS S/O. NARAYANAN, CODE NO. 2975, ASSISTANT ENGINEER, SG, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT SREERAJ MANIYOTH HOUSE, AIS ROAD, VADUTHALA P.O, KOCHI-682 023. ``` ``` 53SURESH K.R, AGED 60 YEARS S/O. RAJAN, CODE NO. 3033, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT JOLLY BHAVAN, NEAR POLICE STATION, CHERANELLORE P.O, KOCHI-682 034 ``` ``` 54GEETHA K.K, AGED 62 YEARS D/O. KRISHNAN, CODE NO. 3065, ASSISTANT ENGINEER, SG, COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT NANDANAM, AMBATTU KAVU, THAIKKATTUKARA P.O, ALUVA, ERNAKULAM-683 106 ``` ``` 55PAVANAN P.M, AGED 60 YEARS S/O. MADHAVAN, CODE NO. 3079, ASSISTANT ENGINEER, COCHIN SHIPYARD LTD, KOCHI-682 O15, RESIDING AT PALLATHAZHATH HOUSE, ANCHUMURI ROAD, PONNURUNNI , THAMMANAM P.O, KOCHI-682 032 ``` ``` 56SUBASH KUMAR, AGED 62 YEARS S/O. KESAVAN NAIR, CODE NO. 2659, ASSISTANT ENGINEER, SG COCHIN SHIPYARD LTD, KOCHI-682 015, RESIDING AT SUBHASH MANDIRAM, KADOOKARA, EDAVETTOM P.O, THALAYOLAPARAMBU, KOTTAYAM-686 605 ``` ``` BY ADV SHRI. K.RAVI (PARIYARATH) ``` 9 Cont.Case (C)No.44 of 2021 ## **`RESPONDENT/5TH RESPONDENT:`** ``` SHRI. 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 SHRI. SAJEEV KUMAR K.GOPAL`** ``` THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 10 Cont.Case (C)No.44 of 2021 ## **JUDGMENT** Anil K. Narendran, J. The petitioners, who are some of the petitioners in W.P.(C)No.7569 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 25.02.2019 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: 11 Cont.Case (C)No.44 of 2021 “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 12 Cont.Case (C)No.44 of 2021 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 13 Cont.Case (C)No.44 of 2021 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 14 Cont.Case (C)No.44 of 2021 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 15 Cont.Case (C)No.44 of 2021 ## **`APPENDIX OF CON.CASE(C) 44/2021`** ## **`PETITIONER ANNEXURES`** ``` ANNEXURE A1CERTIFIED COPY OF THE JUDGMENT PASSED IN W.P.C NO. 7569/2018 DATED 25.02.2019. ANNEXURE A2TRUE COPY OF THE JUDGMENT PASSED IN W.P.C NO. 13120/2015, DATED 12.10.20189 ```