K. KUHIRAMAN and others v Union of India and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Sathish Ninan
- Judgment Date
- 2023-09-18
- Court Decision / Holding
- The petition is disposed of directing the competent among the respondents to re-consider the petitioners’ claims in light of the Supreme Court dictum in EPF Organisation and Another v. Sunil Kumar B and Others (2022) SCC online 1521, and to do so within three months from the date of receipt of a copy of this judgment.
- Final Disposition
- Disposed of
Parties to the Case
Appellants / Petitioners
- K.KUHIRAMAN
- PADMANABHAN K. P.
- MANOHARAN K
- SASIDHARAN P
- BALAKRISHNAN C. H
- K. M. MOHANAN
- K. SAKUNTHALA
- RADHAKRISHNAN K
- VASU K
- M. C. BALAJI
- MOHANA KUMAR R
- P. G. PREMACHANDRAN
- RAVEENDRAN NAIR V
- R. KESAVARAJU
- S. VASUMATHY AMMA
- GANESHAN P
- C. BALAKRISHNAN
- K. MOHANAN
- B. SALILAN
- A. ABDUL SALAM
- K. VIKRAMAN PILLAI
- T. K. VINOD KUMAR
- P. R. VENUGOPALAN
- T. N. SUDHAKARAN NAIR
Respondents
- UNION OF INDIA, represented by the Secretary, Ministry of Labour and Employment, Government of India, Shram Sakthi Bhavan, Rafi Marg, New Delhi - 110 001
- EMPLOYEES' PROVIDENT FUND ORGANISATION, represented by its Chief Provident Fund Commissioner, EPFO, 14, Bhikaji Cama Place, Bhavishya Nidhi Bhavan, New Delhi - 110 066
- REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, Regional Office, Bhavishya Nidhi Bhavan, Pattom, Thiruvananthapuram - 695 004
- KERALA STATE CO-OPERATIVE BANK LIMITED, Cobank Towers, Palayam, Thiruvananthapuram - 695 033
Legal Representation & Advocates
Counsels for Respondents
- • SHRI.P.VIJAYAKUMAR
- • SMT.NITA N.S
Case Synopsis & Summary
This writ petition, filed by twenty-four retired employees of the 4th respondent establishment, seeks higher pension under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, and the Employees’ Pension Scheme, 1995. The petitioners contend that pension must be calculated on actual contributions and salary drawn, rather than the maximum pensionable salary prescribed in para 11(3) of the Pension Scheme, and they urge mandamus to direct the 2nd and 3rd respondents to collect the difference in pension contributions based on actual contributions from joining to date. They also seek a directive to the 4th respondent to furnish joint consent for higher option, enabling higher pension. The respondents, through counsel, contend that the issue has been settled by the Supreme Court in EPF Organisation and Another v. Sunil Kumar B and Others (2022) SCC online SC 1521, and that the petition should be disposed in accordance with those directions. The High Court, after considering the submissions, disposed of the petition by directing the competent respondents to re-consider the claims in light of the Supreme Court dictum, taking into account the bank's status, within three months from the receipt of a copy of the judgment. This decision does not decide the merits but provides a time-bound direction for re-evaluation.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend entitlement to higher pension under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and the Employees’ Pension Scheme, 1995, arguing that pension must be computed on actual salary drawn and actual contributions remitted, not restricted to the maximum pensionable salary under para 11(3). They seek mandamus to direct the 2nd and 3rd respondents to collect the difference in contributions and to obtain the 4th respondent’s consent for a higher option.
Contentions of Respondents
The respondents submit that the issue is settled by the Supreme Court in EPF Organisation and Another v. Sunil Kumar B and Others (2022) SCC online 1521, and the petition should be disposed as per those directions, with reconsideration of the claims in light of the Court’s dictum and the bank’s status.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| EPF Organisation and Another v. Sunil Kumar B and Others | 2022 SCC online SC 1521 | Positive | Cited to indicate that the issue has been settled in the Supreme Court and directions therein should govern reconsideration of the petitioners’ claims. |
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