High Court of KeralaSingle JudgeDisposed of; Writ petition disposed with direct...

D.K. RAMESAN and Others v. EMPLOYEES PROVIDENT FUND ORGANISATION and Others

Case / Petition Number:WP(C) NO. 25556 OF 2020

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

Employees’ Provident Fund and Miscellaneous Provisions Act, 1952Paragraph 11(3) of the Employees’ Pension Scheme, 1995

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 NameCitationTreatmentExplanation
Employees’ Provident Fund Organisation and Another v. Sunil Kumar B and Others2022 SCC online SC 1521PositiveSupreme Court decision that settles the issue and directs reconsideration consistent with its directions.
P Sasikumar v Union of IndiaWP(C) No.13120 of 2015; 2018 SCC Online Ker 13710Mentioned OnlyExhibit 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

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** # **THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945** ## **WP(C) NO. 25556 OF 2020** ## **PETITIONERS:** - 1 D.K. RAMESAN AGED 63 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0000599, SIVASREE, NEELIKKAD, PUDUSSERY, PALAKKAD, KERALA-678623 - 2 PRABHAKAR C H. AGED 60 YEARS - EPF ACCOUNT NO.KR/KKD/0004039/000/0000218, SREELAKAM HOUSE, SIVANANDAPURAM COLONH, AMBIKAPURAM P O, PALAKKAD, KERALA-678011. - 3 SALIM K S AGED 63 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0000237, AIC 6, PERIYAR HERMITAGE, COMPANY PADI, THAIKKATTUKARA,, ALUVA, ERNAKULAM, KERALA-683106 - 4 M DORAISWAMY AGED 62 YEARS - EPF ACCOUNT NO.KR/KKD/0004039/000/0000108, 18/383C7, PRECOT NEW COLONY, KANJIKODE WEST, PALAKKAD, KERALA678623. - 5 K CHANDRAKUMAR AGED 61 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0000244, PATHRAKULAM HOUSE, NURANI P O, PALAKKAD, KERALA678004. - 6 ARUN K AGED 62 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0000862, 17/83, V A NIVAS, SURYA NAGAR, KANJIKODE P O, PALAKKAD, KERALA678621. - 7 BALASUBRAMANIAN.M AGED 62 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0000376, 13/141, GURUKRIPA, EDAYAR STREET, MANKAVU, PALAKKAD, KERALA678001. - 8 R RISHIKESAN ``` WP(C) NO. 25556 OF 2020 ``` ``` 2 ``` ## AGED 60 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0000543, SITARA HOUSE, VIVEKANANDA COLONY, KUNNATHUR MEDU P O, PALAKKAD, KERALA678013. - 9 SATYAMOORTHY N AGED 62 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0000262, 16/92, SRI PARVATHY, KUNNATHUPALAYAM ROAD, THEKKEGRAMAM, P O, CHITTOOR, PALAKKAD678103. - 10 JOHNY J PULICKAL AGED 60 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0000795, PULICKAL HOUSE, CHANDRANAGAR P O, PALAKKAD, KERAL-678007. - 11 RAVEENDRAN M AGED 63 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0001014, 18/243, VISHNU NIVAS, ULLAS NAGAR COLONY, CHADAYANKALAI, KANJIKODE WEST, PALAKKAD678623. - 12 C F GEORGE AGED 62 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0000951, CHIRAMEL HOUE, MANJAPRA P O, ERNAKULAM, KERALA-683581. - 13 SEBASTIAN P J AGED 60 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0000642, B-20, HILLVIEW NAGAR, PUDUPARIYARAM P O, PALAKKAD-678731. - 14 V P PRAMEELA KUMARI - AGED 59 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0000277, SREELAYA HOUSE, ITI HOUSING COLONY, KADAMKODE, KARINGARAPPULLY, PALAKKAD, KERALA-678551. - 15 LUCY B F - AGED 60 YEARS EPF ACCOUNT NO.KR/KKD/0004039/000/0000281, ALYINIKKAL HOUSE, NERUGHAKKAD, KAPPEPPULLY P O, PALAKKAD-678005. BY ADVS. ``` WP(C) NO. 25556 OF 2020 ``` ``` 3 ``` TONY THOMAS (INCHIPARAMBIL) SRI.P.THOMAS GEEVERGHESE SRI.E.S.FIROS SMT.AMRUTHA K.P. ## **RESPONDENTS:** - 1 EMPLOYEES PROVIDENT FUND ORGANISATION, REPRESENTED BY REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAWAN, NADAKKAVU-MINI BYPASS ROAD, NEAR PASSPORT OFFICE, ERANHIPPALAM, KOZHIKODE, KERALA673006. - 2 THE ASSISTANT PROVIDENT FUND COMMISSIONER EPF ORGANIZATION, SUB-REGIONAL OFFICE, BHAVISHYANIDHI BHAWAN, NADAKKAVU-MINI BYPASS ROAD, NEAR PASSPORT OFFICE, ERANHIPPALAM, KOZHIKODE, KERALA-6730060. - 3 UNION OF INDIA REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SAKTHI BHAVAN, RAFFI MARG, NEW DELHI110001. - 4 ITI LIMITED REPRESENTED BY ITS GENERAL MANAGER(HR), KANJIKODE WEST, PALAKKAD-678623. - BY ADVS. SRI.B.RAMACHANDRAN, CGC DR.ABRAHAM P.MEACHINKARA BY SRI. MANU.S.-DSGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 25556 OF 2020 ``` ``` 4 ``` ## **JUDGMENT** ## This writ petition is filed seeking the following ## reliefs:- i) Issue a writ of mandamus or any other appropriate writ or order directing the respondents to granted higher pension based on petitioners actual salary as directed in Ext.P2 judgment in P.Saikumar v. Union of India W.P.(C) No. 13120 of 2015 dated 12[th] October, 2018. ii) Issue suchother appropriate writ, direection or order as deemed fit and proper by this Honourable Court, in the interest of justice and equity. 2. The petitioners are retired employees of the 4[th] respondent establishment. They are subscribers of Employees’ Provident Fund. According to the petitioners, they are entitled for higher pension under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 as ``` WP(C) NO. 25556 OF 2020 ``` ``` 5 ``` per the option exercised by them. It is their case that the pension has to be paid without limiting the amount to the maximum pensionable salary prescribed in paragraph 11(3) of the Employees’ Pension Scheme, 1995. 3. Dr.Abraham P.Meachinkara, the learned Standing Counsel for the Employees’ Provident Fund Organisation submits that the question raised in the writ petition is now settled by the Hon’ble Supreme Court in **EPF Organisation and Another v. Sunil Kumar B and Others** [2022 SCC online SC 1521] and that the grievance of the petitioners raised in this writ petition will be considered in accordance with the directions therein. In the light of the said submission, this writ petition is disposed of directing the competent among the respondents to re-consider the claims ``` 6 ``` ``` WP(C) NO. 25556 OF 2020 ``` put forward by the petitioners in the light of the dictum laid down by the Hon’ble Supreme Court in the decision cited above within a period of three months from the date of receipt of a copy of this judgment. **Sd/-** **MURALI PURUSHOTHAMAN JUDGE** AL/- ``` WP(C) NO. 25556 OF 2020 ``` ``` 7 ``` ## **APPENDIX OF WP(C) 25556/2020** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PENSION ORDER OF THE 1ST PETITIONER IN KR/KCH/00061874 EXHIBIT P1(a) TRUE COPY OF THE PENSION ORDER OF THE 2ND PETITIONER IN KR/KCH/00062480 EXHIBIT P1(b) TRUE COPY OF THE PENSION ORDER OF THE 3RD PETITIONER IN KR/KCH/00102621. EXHIBIT P1(c) TRUE COPY OF THE PENSION ORDER OF THE 4TH PETITIONER IN KR/KCH/00065364. EXHIBIT P1(d) TRUE COPY OF THE PENSION ORDER OF THE 5TH PETITIONER IN KR/KCH/00065337. EXHIBIT P1(e) TRUE COPY OF THE PENSION ORDER OF THE 6TH PETITIONER IN KR/KCH/00069413. EXHIBIT P1(f) TRUE COPY OF THE PENSION ORDER OF THE 7TH PETITIONER IN KR/KCH/00063073. EXHIBIT P1(g) TRUE COPY OF THE PENSION ORDER OF THE 8TH PETITIONER IN KR/KCH/00064804. EXHIBIT P1(h) TRUE COPY OF THE PENSION ORDER OF THE 9TH PETITIONER IN KR/KCH/00067000. EXHIBIT P1(i) TRUE COPY OF THE PENSION ORDER OF THE 10TH PETITIONER IN KR/KCH/0006679. EXHIBIT P1(j) TRUE COPY OF THE PENSION ORDER OF THE 11TH PETITIONER IN KR/KCH/00062626. EXHIBIT P1(k) TRUE COPY OF THE PENSION ORDER OF THE 12TH PETITIONER IN KR/KCH/00109154. EXHIBIT P1(l) TRUE COPY OF THE PENSION ORDER OF THE 13th PETITIONER IN KR/KCH/00066786 ``` WP(C) NO. 25556 OF 2020 ``` ``` 8 ``` EXHIBIT P1(m) TRUE COPY OF THE PENSION ORDER OF THE 14TH PETITIONER IN KR/KCH/00065516. EXHIBIT P1(n) TRUE COPY OF THE PENSION ORDER OF THE 15TH PETITIONER IN KR/KCH/00064391. EXHIBIT P2 TRUE COPY OF JUDGMENT IN P SASIKUMAR V UNION OF INDIA, WP(C0 NO.13120 OF 2015 DATED 12TH OCTOBER 2018 REPORTED AS 2018 SCC ONLINE KER 13710.