D.K. RAMESAN and Others v. EMPLOYEES PROVIDENT FUND ORGANISATION and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Murali Purushothaman J.
- Judgment Date
- 2023-08-22
- Court Decision / Holding
- This writ petition is disposed of directing the competent among the respondents to reconsider the petitioners’ claims in light of the Supreme Court's dictum in Sunil Kumar B within three months from the date of receipt of a copy of this judgment.
- Final Disposition
- Disposed of; Writ petition disposed with directions to reconsider the pension claims within three months in light of Sunil Kumar B.
Parties to the Case
Appellants / Petitioners
- D.K. RAMESAN
- PRABHAKAR C H
- SALIM K S
- M DORAISWAMY
- K CHANDRAKUMAR
- ARUN K
- BALASUBRAMANIAN M
- R RISHIKESAN
- SATYAMOORTHY N
- JOHNY J PULICKAL
- RAVEENDRAN M
- C F GEORGE
- SEBASTIAN P J
- V P PRAMEELA KUMARI
- LUCY B F
Respondents
- EMPLOYEES PROVIDENT FUND ORGANISATION
- ASSISTANT PROVIDENT FUND COMMISSIONER EPF ORGANIZATION, SUB-REGIONAL OFFICE, BHAVISHYANIDHI BHAWAN, NADAKKAVU-MINI BYPASS ROAD, NEAR PASSPORT OFFICE, ERANHIPPALAM, KOZHIKODE, KERALA-673006
- UNION OF INDIA represented by the Secretary to the Government of India, Ministry of Labour and Employment, Shram Shakti Bhavan, RAFFI MARG, NEW DELHI 110001
- ITI Limited represented by its General Manager (HR), KANJIKODE WEST, PALAKKAD-678623
Legal Representation & Advocates
Counsels for Petitioners
- • Tony Thomas (Inchipparambil)
- • P.Thomas Geeverghese
- • E.S. Firos
- • Amrutha K.P.
Counsels for Respondents
- • B. Ramachandran
- • Dr. Abraham P. Meachinkara
- • Manu S. (DSGI)
Case Synopsis & Summary
Petitioners are fifteen retired employees of ITI Limited, Palakkad, who are subscribers to the Employees’ Provident Fund. They challenge pension computation under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and the Employees’ Pension Scheme, 1995, asserting entitlement to a higher pension based on their actual salary rather than the cap prescribed in paragraph 11(3) of the EPS, 1995. They assert that the option exercised by each petitioner should be honored and contend pension must be calculated on actual emoluments, not the maximum pensionable salary. The petition relies on Ext. P2, a judgment in P. Sasikumar v. Union of India (WP(C) No. 13120 of 2015, dated 12 October 2018) which appears to direct higher pension in certain circumstances. The Employees’ Provident Fund Organisation counters that the issue is now settled by the Supreme Court in EPF Organisation and Another v. Sunil Kumar B and Others (2022 SCC Online SC 1521), and that the petitioners’ grievance should be considered according to that decision. The High Court accepts the Supreme Court ruling as binding and disposes of the petition by directing the competent respondents to re-consider the claims in light of the Sunil Kumar B decision within three months from receipt of the judgment copy. The order underscores fidelity to Supreme Court directions and does not itself grant higher pension, but requires reconsideration under the current law.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend they are entitled to higher pension under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and the Employees’ Pension Scheme, 1995, based on their actual salary rather than the cap under para 11(3). They rely on Ext. P2 (P Sasikumar v. Union of India, WP(C) No. 13120 of 2015, 12 October 2018) and seek a writ of mandamus directing higher pension; they plead for directions in the interest of justice.
Contentions of Respondents
The respondents contend the issue is settled by the Supreme Court in EPF Organisation v. Sunil Kumar B (2022) SCC Online SC 1521, and that the petitioners’ grievance should be considered in accordance with that decision. They request disposal of the petition accordingly.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Employees’ Provident Fund Organisation and Another v. Sunil Kumar B and Others | 2022 SCC online SC 1521 | Positive | Supreme Court decision that settles the issue and directs reconsideration consistent with its directions. |
| P Sasikumar v Union of India | WP(C) No.13120 of 2015; 2018 SCC Online Ker 13710 | Mentioned Only | Exhibit P2 contains the judgment; the present judgment relies on Sunil Kumar B and does not elaborate on Sasikumar’s ratio. |
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Extracted Judgment Text
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