High Court of KeralaSingle Judge2023-09-26Disposed of with directions to file appropriate...

J. John and others v Union of India and Others (WP(C) Nos. 7735 of 2020; connected cases 14557 of 2020 and 16299 of 2020)

Case / Petition Number:WP(C) No. 7735 of 2020; WP(C) No. 14557 of 2020; WP(C) No. 16299 of 2020

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Sathish Ninan
Judgment Date: 2023-09-26
Court Decision / Holding: Resultantly, the writ petitions are disposed of permitting the petitioners to file appropriate application seeking enhanced pension in terms of the amended scheme and the directions of the Supreme Court. If such an application is submitted, the same shall be considered by the appropriate authority of the Organization without delay.
Final Disposition: Disposed of with directions to file appropriate applications for enhanced pension under the amended scheme; to be considered without delay.

Parties to the Case

Appellants / Petitioners

J. John
Jespin Fernandez
S. Mohanan
Jacob Philip
S. G. Appukuttan
D. Vasanthakumari
R. Ayyappan Nair
S. Leela
R. Jayakumari
M. Ravindran
P. M. Remadevi
C. Viswanathan Nair

Respondents

Union of India
The Employees Provident Fund Organization
The Regional Provident Fund Commissioner, EPFO
The State of Kerala
The Director of Fisheries (Registrar of Fisheries Societies)
The Kerala State Co-Operative Federation for Fisheries Development Ltd. (Matsyafed)
The Employees Provident Fund Trustee

Legal Representation & Advocates

Counsels for Petitioners

• Thampan Thomas
• B. V. Joy Sanker
• R. Rajasree (Chuttimattathil)
• Nincy Mathew
• Harikrishnan M.S.
• A. K. Haridas

Counsels for Respondents

• B. Ramachandran
• Nita N.S
• T. P. Pradeep
• P. L. Venukumar

Case Synopsis & Summary

These connected writ petitions in the Kerala High Court seek higher pension under the Employees’ Provident Fund Scheme, specifically the 2014 amendment. The petitioners, retired employees linked to Matsyfed and allied fisheries bodies, contend they are entitled to enhanced pension under the amended scheme. The Supreme Court had upheld the validity of the 2014 amendment in Sunil Kumar B. (reported in 2022 (7) KHC 12), and the respondents rely on that decision to argue for fresh applications under the amended scheme. The learned Standing Counsel for the respondents submits that, in light of the Supreme Court ruling, petitioners may file a fresh application for enhanced pension, which should be considered under the amended framework and the Court’s directions. The Kerala High Court, noting the apex court decision, disposes of the petitions by directing petitioners to submit appropriate applications seeking enhanced pension under the amended scheme; such applications are to be considered by the appropriate EPFO authority without delay. The petitions were admitted on 26.09.2023 along with connected cases. The order clarifies that relief is to be granted by processing fresh applications under the amended scheme rather than granting immediate relief in the present proceedings.

Provisions of Law Cited

Employees' Provident Fund Scheme, 2014 (amendment)Notification No. GSR 609(E) dated 22.08.2014

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners assert entitlement to higher pension under the EPF Scheme’s 2014 amendment, relying on the Supreme Court’s upholding of the amended framework (Sunil Kumar B.). They urge that fresh consideration under the amended scheme be provided for enhanced pension, consistent with the apex court directive.

Contentions of Respondents

The respondents contend that the amended scheme has been upheld by the Supreme Court; petitioners should file fresh applications under the amended scheme, which the EPFO is to consider promptly in light of the Supreme Court directions; no automatic grant of enhanced pension is warranted in these petitions.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Employees’ Provident Fund Organisation and Another v. Sunil Kumar.B.	2022(7)KHC 12	Positive	The Supreme Court upheld the validity of the 2014 amendment to the EPF Scheme, as relied upon by the petitioners.

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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 SATHISH NINAN** **TUESDAY, THE 26[TH] DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945** ## **WP(C) NO. 7735 OF 2020** ## **PETITIONERS:** - 1 J. JOHN,AGED 64 YEARS,S/O. JORIS, RTD. OFFICE ATTENDER, MATSYFED (KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD. NO.F (T) 738, KAMALESWARAM, MANACAUD P. O., THIRUVANANTHAPURAM, RESIDING AT ASWATHI NIVAS, CHEKKITTA THEKKEKARA, PUTHIYATHURA PULLUVILA P.O., THIRUVANANTHAPURAM - 695 526. - 2 JESPIN FERNANDEZ,AGED 64 YEARS,S/O. ALPHONSE, RTD. HELPER (FARM WORKER), MATSYFED (KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD. NO.F (T) 738, KAMALESWARAM, MANACAUD P. O., THIRUVANANTHAPURAM, RESIDING AT ERIKKALAVILA HOUSE, POOVAR P.O., THIRUVANANTHAPURAM - 695 526. - 3 S. MOHANAN,AGED 63 YEARS,S/O. SADASIVAN, RTD. SELECTION GRADE TYPIST, MATSYFED DISTRICT OFFICE, NANDAVANAM, THIRUVANANTHAPURAM, RESIDING AT 114, MOHANAN, AKG NAGAR, PERURKADA, THIRUVANANTHAPURAM - 695 005. - 4 JACOB PHILIP,AGED 59 YEARS,S/O. V. M. PHILIP, RTD. ASSISTANT MANAGER, MATSYFED (KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD. NO.F (T) 738, KAMALESWARAM, MANACAUD P. O., THIRUVANANTHAPURAM, RESIDING AT VISACANTHARA HOUSE, KUMARAKOM P. O., KOTTAYAM - 686 563. - 5 S. G. APPUKUTTAN,AGED 65 YEARS,S/O. S. A. GANGADHARAN, RTD. FARM WORKER, MATSYFED (KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD. NO.F (T) 738, KAMALESWARAM, MANACAUD P. O., THIRUVANANTHAPURAM, RESIDING AT SRAMBIKKAL HOUSE, NEAR THIRUMANAKUNNU TEMPLE, CHERAI P. O., ERNAKULAM - 683 514. BY ADVS.THAMPAN THOMAS SRI.B.V.JOY SANKER SMT.R.RAJASREE (CHUTTIMATTATHIL) SMT.NINCY MATHEW **-2-** ## **WP(C) NO. 7735 OF 2020** ## **RESPONDENTS:** - 1 UNION OF INDIA,REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, DEPARTMENT OF EMPLOYMENT, NEW DELHI - 110 001. - 2 THE EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY THE CHIEF PROVIDENT COMMISSIONER, BHAVISHYA NIDHI BHAVAN, 14, BHIKAJI CAMA PALACE, NEW DELHI - 110 066. - 3 THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM, THIRUVANANTHAPURAM - 695 004. - 4 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, FISHERIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. - 5 THE DIRECTOR OF FISHERIES (REGISTRAR OF FISHERIES SOCIETIES), VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033. - 6 THE KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD. NO.F(T) 738 KAMALESWARAM, MANACAUD P. O., THIRUVANANTHAPURAM - 695 009, REPRESENTED BY ITS MANAGING DIRECTOR. - 7 THE EMPLOYEES PROVIDENT FUND TRUSTEE REPRESENTED BY THE MANAGING TRUSTEE, EMPLOYEES PROVIDENT FUND OFFICE, BHAVISHYA NIDHI BHAVAN, WAZIRPUR, NEW DELHI - 110 052. BY ADVS.SRI.B.RAMACHANDRAN, CGC NITA N.S SRI.T.P.PRADEEP - THIS WRIT PETITION (CIVIL) HAVING COME UP FOR - ADMISSION ON 26.09.2023, ALONG WITH WP(C).14557/2020 AND 16299/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SATHISH NINAN TUESDAY, THE 26[TH] DAY OF SEPTEMBER 2023 / 4TH ASWINA,** **1945** ## **WP(C) NO. 14557 OF 2020** ## **PETITIONER/S:** 1 D.VASANTHAKUMARI,AGED 61 YEARS D/O.S. KARUNAKARAN NAIR, NARAYANI MANDIRAM, THALAYAL, BALARAMAPURAM, THIRUVANANTHAPURAM 695 501. 2 R. AYYAPPAN NAIR,AGED 65 YEARS S/O. RAGHAVAN PILLAI, KANNANKARA HOUSE, KANNAN KARA, PARAPPARA P.O. VITHURA, THIRUVANANTHAPURAM 695 551. 3 S. LEELA ,AGED 61 YEARS,D/O. BHUVANACHANDRAN NAIR, KINATTINKARA HOUSE, MANALUR, NEYYATTINKARA, THIRUVANANTHAPURAM 695 121. 4 R. JAYAKUMARI,AGED 63 YEARS,D/O. G. KESAVA PILLAI, VISWAM KUMARAMANGALAM, MANALUR, NEYYATTINKARA P.O. THIRUVANANTHAPURAM 695 121. 5 M. RAVINDRAN,AGED 64 YEARS S/O. MADHAVAN.K., KODITHARAKUZHI, MEKKUMKARA PUTHEN VEEDU, PARASUVAKKAL P.O. THIRUVANANTHAPURAM 695 508. 6 P.M. REMADEVI,AGED 63 YEARS S/O. KRISHNAN NAIR, KRISHNA KRIPA UDAYANKULANGARA ARAYOOR P.O. THIRUVANANTHAPURAM 695 122. BY ADVS. THAMPAN THOMAS SMT.NINCY MATHEW SHRI.HARIKRISHNAN M.S. **-2-** ## **WP(C) NO. 14557 OF 2020** ## **RESPONDENTS:** - 1 THE EMPLOYEES PROVIDENT FUND ORGNIZATION REPRESENTED BY THE CHIEF PROVIDENT COMMISSIONER, BHAVISHYA NIDHI BHAVAN, 14, BHIKAJI CAMA PALACE, NEW DELHI 110 066. - 2 REGIONAL PROVIDENT FUND COMMISSIONER, THE EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM, THIRUVANANTHAPURAM 695 004. - 3 UNION OF INDIA,REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, DEPARTMENT OF EMPLOYMENT, NEW DELHI 110 001. - 4 TRIVANDRUM SARVODAYA SANGH,REPRESENTED BY THE SECRETARY, HEAD OFFICE, OORUTTUKALA, NEYATTINKARA, THIRUVANANTHAPURAM 695 521. BY ADV SRI.P.L.VENUKUMAR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.09.2023, ALONG WITH WP(C).7735/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE SATHISH NINAN TUESDAY, THE 26[TH] DAY OF SEPTEMBER 2023 / 4TH ASWINA,** **1945** ## **WP(C) NO. 16299 OF 2020** ## **PETITIONER:** C.VISWANATHAN NAIR,AGED 66 YEARS S/O. CHELLAPPAN PILLAI V, RTD DRIVER, MATSYED DISTRICT OFFICE, THIRUVANANTHAPURAM, (EPF A/C. NO KR/TVM/2194/RESIDING AT HOUSE NO. 48, SOUPARNIKA, GREEN CITY VILLA TOWNSHIP, ARUVIPPURAM, PEYAD P.O, VILAPPIL, THIRUVANANTHAPURAM 695 573 BY ADVS. THAMPAN THOMAS B.V.JOY SANKER R.RAJASREE (CHUTTIMATTATHIL) SMT.NINCY MATHEW SHRI.HARIKRISHNAN M.S. ## **RESPONDENTS:** 1 UNION OF INDIA,REPRESENTED BY THE SECRETRY, MINISTRY OF LABOUR AND EMPLOYMENT, DEPARTMENT OF EMPLOYMENT, NEW DELHI 110 001 2 THE EMPLOYEES PROVIDENT FUND ORGANIZATION, REPRESENTED BY THE CHIEF PROVIDENT COMMISSIONER, BHAVISHYA NIDHI BHAVAN, 14, BHIKAJI CAMA PALACE, NEW DELHI 110 066 3 THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM, THIRUVANANTHAPURAM 695 004 4 THE STATE OF KERALA,REPREENTED BY ITS SECRETARY, FISHERIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001 5 THE DIRECTOR OF FISHERIES, (REGISTRAR OF FISHERIES SOCIETIES), VIKAS BHAVAN, THIRUVANANTHAPURAM 695 033 ## **WP(C) NO. 16299 OF 2020** **-2-** 6 THE KEREALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD NO. F(T) 738 (MATSYAFED), KAMALESWARAM, MANACAUD P.O, THIRUVANANTHAPURAM 695 009, RPERESENTED BY ITS MANAGING DIRECTOR 7 THE EMPLOYEES PROVIDENT FUND TRUSTRE, REPRESENTED BY THE MANAGING TRUSTEE, EMPLOYEES PROVIDENT FUND OFFICE, BHAVISHYA NIDHI BHAVAN, WAZIRPUR, NEW DELHI 110 052 BY ADVS. SRI.A.K.HARIDAS NITA N.S SRI.T.P.PRADEEP, SC, MATSYAFED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.09.2023, ALONG WITH WP(C).7735/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **Sathish Ninan, J.** **============================== WP(C) No.7735 of 2020, 14557 of 2020 & 16299 of 2020 ========================== Dated this the 26[th] day of September, 2023** ## **JUDGMENT** The claim of the petitioners is for higher pension in terms of the Employees’ Provident Scheme – 2014 amendment. The validity of the amended Employees’ Provident Scheme was upheld by the Apex Court in _**Employees’ Provident Fund Organisation and Another v. Sunil Kumar.B. [2022(7)KHC 12]**_ . 2. The learned Standing counsel for the respondents points out that, in the light of the Supreme Court judgment it is open for the petitioners to make a fresh application in terms of the amended scheme claiming higher pension, which could be considered in accordance with the scheme and the directions in the judgment. WP(C) No.7735 of 2020, 14557 of 2020 &16299 of 2020 **==> picture [34 x 10] intentionally omitted <==** Resultantly, the writ petitions are disposed of permitting the petitioners to file appropriate application seeking enhanced pension in terms of the amended scheme and the directions of the Supreme Court. If such an application is submitted, the same shall be considered by the appropriate authority of the Organization without delay. **Sd/-** **Sathish Ninan, Judge** VDV ## **APPENDIX OF WP(C) 7735/2020** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P1|TRUE COPY OF THE JUDGMENT DATED| ||31.03.2016 IN SLP NO.7074/2014.| |EXHIBIT P2|TRUE COPY OF THE CIRCULAR| ||NO.PENSION/MISC/2005 DATED NIL.| |EXHIBIT P3|TRUE COPY OF THE ORDER DATED 20.02.2007.| |EXHIBIT P4|TRUE COPY OF THE NOTIFICATION NO.GSR| ||609(E) DATED 22.08.2014.| |EXHIBIT P5|TRUE COPY OF THE JUDGMENT DATED| ||25.02.2019 IN WP(C) NO.30398 OF 2016.| |EXHIBIT P6|TRUE COPY OF THE JUDGMENT OF THIS| ||HON'BLE COURT IN WP(C) NO.33582 OF 2019| ||DATED 25.02.2020.| ## **APPENDIX OF WP(C) 14557/2020** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED 15.01.2007 OF THE EMPLOYEES PROVIDENT FUND ORGANIZATION. EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT DATED 4.11.11 IN WPC NO. 6643 OF 2007. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 05.03.2013 IN W.A. NO. 1137/2012. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 25.02.2020 IN WPC NO. 33582/2019. ## **APPENDIX OF WP(C) 16299/2020** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P1|TRUE COPY OF THE JUDGMENT DATED 31.03.2016 IN| ||SLP NO.7079/2014.| |EXHIBIT P2|TRUE COPY OF THE CIRCULAR| ||NO.PENSION/MISC./2005 DATED NIL.| |EXHIBIT P3|TRUE COPY OF THE ORDER DATED 20.02.2007.| |EXHIBIT P4|TRUE COPY OF THE NOTIFICATION NOI.GSR| ||609(E)DATED 22.08.2014.| |EXHIBIT P5|TRUE COPY OF THE JUDGMENT DATED 25.02.2019 IN| ||WP(C)NO.30398 OF 2016.| |EXHIBIT P6|TRUE COPY OF THE JUDGMENT OF THIS HON'BLE| ||COURT IN WP(C)NO.33582 OF 2019 DATED| ||25.02.2020.|