Tenetowl LogoTenetowl
High Court of KeralaSingle JudgeWrit petition disposed of

M.R. Sukumaran and Others v. Union of India and Others

Case / Petition Number:WP(C) No.369 of 2020

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Sathish Ninan
Judgment Date
2023-09-11
Court Decision / Holding
Writ petition 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
Writ petition disposed of

Parties to the Case

Appellants / Petitioners

  • M.R.SUKUMARAN
  • M.M. SOMAN
  • THANKAM P.N.
  • T.K. SAROJAM
  • MOHAMMED BASHIR
  • T. VIJAYAKUMAR
  • R. ASOKAN
  • NABAB KHAN
  • N. KUTTAPPAN NAIR
  • SEENATHU BEGAM
  • NESIMA P.U.
  • SUSHAMA BALAN
  • P.V. THANKA
  • GEETHA K.
  • SHELBY K.K.
  • B.S. ASHOK

Respondents

  • UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT, NEW DELHI-110001.
  • CENTRAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN, 14 BHIKAJI CAMA PLACE, NEW DELHI-110066.
  • REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN, PATTAM PALACE, THIRUVANANTHAPURAM-695004.
  • ASSISTANT PROVIDENT FUND COMMISSIONER (PENSION), SUB REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO), CMS COLLEGE ROAD, P.B. NO.36, KOTTAYAM-686001.
  • KERALA STATE BEVERAGES CORPORATION LIMITED (KSBC), REPRESENTED BY ITS MANAGING DIRECTOR, BEVCO TOWERS, NEAR MUSCOT HOTEL, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.

Legal Representation & Advocates

Counsels for Petitioners

  • • C.S. Ajith Prakash
  • • Sri. T.K. Devarajan
  • • Smt. T.N. Sreekala
  • • Sri. Franklin Arackal
  • • Sri. M.B. Soori
  • • Shri. Babu M.
  • • Shri. Paul C Thomas

Counsels for Respondents

  • • Sri. R. Prasanth Kumar, CGC
  • • Nita N.S., Senior Counsel
  • • Sri. Naveen.T., Senior Counsel

Case Synopsis & Summary

The petitioners, retired employees of the Kerala State Beverages Corporation (KSBC) and its units, approach the Kerala High Court seeking higher pension under the Employees' Provident Scheme as amended in 2014. The writ petition centers on whether the amended scheme can be applied to enhance pension benefits for retired KSBC employees who were under the EPFO framework. The court notes that the validity of the 2014 amendment to the Employees’ Provident Scheme was upheld by the Supreme Court in a 2022 decision (Sunil Kumar B.). In light of that ruling, the learned standing counsel for the respondents submits that petitioners may submit fresh applications under the amended scheme, which should be considered in accordance with the amended regime and the Supreme Court's directions. The tribunal below does not adjudicate the merits of enhanced pension in this proceeding; instead, it disposes of the petition by permitting the petitioners to file appropriate applications for enhanced pension under the amended scheme and to be processed without delay by the relevant authorities. The order thus preserves the petitioners’ right to seek enhancement through a procedural route, ensuring expeditious consideration. The judgment reinforces deference to the Supreme Court’s ruling and provides a pathway for pension enhancement via a fresh, timely application under the amended scheme.

Provisions of Law Cited

Employees' Provident Scheme (2014 amendment)

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioners contend that their pension should be enhanced under the 2014 amendments to the Employees' Provident Scheme, and that pensionary benefits must be recalculated under the amended scheme. They rely on the Supreme Court’s decision upholding the amendments (Sunil Kumar B.) and seek redress within the amended framework administered by EPFO. They assert that ongoing pension calculations have not incorporated the amended formula and urge timely processing of their fresh applications under the amended regime, in line with the Court's directions to expedite relief.

Contentions of Respondents

Respondents argue that, following the Supreme Court’s judgment upholding the amended scheme, petitioners should file fresh applications seeking enhanced pension under the amended regime. They maintain the amendment’s validity and that the EPFO must apply the amended scheme to compute pension. The petition should be disposed with a procedural route to enable fresh applications, to be considered without delay, in accordance with the Supreme Court’s directions and the 2014 amendment.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Employees' Provident Fund Organisation and Another v. Sunil Kumar B.2022(7)KHC 12PositiveThe judgment states that the Supreme Court upheld the validity of the 2014 amendment to the Employees’ Provident Scheme, which supports the petitioners' reliance on the amended scheme and the Court's directions.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against M.R. Sukumaran and Others v. Union of India and Others and instantly map out authorities that support, challenge, or govern your position.

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`** ``` MONDAY, THE 11[TH] DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945 ``` ## **`WP(C) NO. 369 OF 2020`** ## **`PETITIONERS:`** - `1 M.R.SUKUMARAN, AGED 61 YEARS S/O. M.C. RAMAN, MUDAYARATHU HOUSE, RAMAPURAM P.O., KOTTAYAM-686576, ASSISTANT MANAGER (RETIRED), WARE HOUSE, KERALA STATE BEVERAGES CORPORATION, THODUPUZHA. PPO NO.KR/KTM/00042897, PF A/C. NO.KR/TVM/10416/082.` - `2 M.M. SOMAN, AGED 67 YEARS S/O. MADHAVAV, MUNDEKUDIYIL HOUSE, PERUMBAVOOR P.O., PIN-686673, ASSISTANT GRADE II (RETIRED), FL SHOP, PARAVOOR, KERALA STATE BEVERAGES CORPORATION, THODUPUZHA. PPO NO.KR/KTM/00066920 PF A/C. NO.KR/ /10416/248.` - `3 THANKAM P.N.,AGED 63 YEARS D/O. KUMARAN, PANACHIKAL HOUSE, KALIAYAR P.O., VANNAPURAM, IDUKKI DISTRICT-685607, HELPER (RETIRED), FLI SHOP, POTHANIKKAD, KERALA STATE BEVERAGES CORPORATION, MUVATTUPUZHA. PPO NO.KR/KTM/00031347, PF A/C. NO.KR/TVM/10416/000/0000211.` - `4 T.K. SAROJAM, AGED 63 YEARS D/O. KUNJAN T.K., THEKEDATH HOUSE, MUVATTUPUZHA, HELPER ( RETIRED), WARE HOUSE, KERALA STATE BEVERAGES CORPORATION, MUVATTUPUZHA-686661. PPO NO.KR/KCH/00091962, PF A/C. NO.KR/TVM/10416/220.` - `5 MOHAMMED BASHIR, AGED 59 YEARS S/O. SEYD MUHAMMED, ENCHAKATTIL, AXIYILAPPU, NADAKAL P.O., KOTTAYAM-686580, OFFICE ATTENDANT (RETIRED), WARE HOUSE, KERALA STATE BEVERAGES CORPORATION, THODUPUZHA. PPO NO.KR/KTM/00042842, PF A/C. NO.KR/TVM/10416/218.` - `6 T. VIJAYAKUMAR, AGED 62 YEARS S/O. THANKAPPAN NAIR, SIVABHAVAN, THYCAUD, TC 25/857, TRIVANDRUM, HELPER (RETIRED), WARE HOUSE, KERALA STATE BEVERAGES CORPORATION, NEDUMANGAD. PPO NO.KR/KTM/00084841, PF A/C. NO.0416/0000055.` **`WP(C) No.369 of 2020`** -: 2 :- ``` 7R. ASOKAN, AGED 60 YEARS S/O. RAGHAVAN, SINDU BHAVAN, NETTAYAM P.O., TRIVANDRUM-13, OFFICE ATTENDANT (RETIRED), WARE HOUSE, KERALA STATE BEVERAGES CORPORATION, NEDUMANGAD. PPO NO.KR/TVM/00082688, PF A/C. NO.KR/TVM/10416/000/0000046. 8NABAB KHAN, AGED 63 YEARS S/O. BABUJI KHAN, TC 24/2198, YAGRA-7 A, PANDIT COLONY ROAD, KOWDIAR P.O., TRIVANDRUM, HELPER (RETIRED), KERALA STATE BEVERAGES CORPORATION, PAZHAVANGADI. PPO NO.KR/TVM/00071910, PF A/C. NO.KR/TVM/10416/23. 9N. KUTTAPPAN NAIR, AGED 61 YEARS S/O. NARAYANA PILLAI, NIRMALYAM, SREE PARASURAMA NAGAR, 42, TRIVANDRUM-27, TYPIST GRADE 1(RETIRED) KSBC, HEAD OFFICE, KERALA STATE BEVERAGES CORPORATION, PALAYAM. PPO NO.KR/TVM/00085254, PF A/C. NO.KR/TVM/00 10416/36. 10SEENATHU BEGAM, AGED 62 YEARS W/O. SHAMNADU NISE, PARASUVAIKKAL P.O., PARASALA-695508, ASSISTANT MANAGER (RETIRED), WARE HOUSE, KERALA STATE BEVERAGES CORPORATION, BALARAMAPURAM. PPO NO.KR/TVM/00077257, PF A/C. NO.KR/TVM/00 10416/230. 11NESIMA P.U., AGED 58 YEARS D/O. YUSAF K.M., THANNIMOOTIL HOUSE, PARACKAL, PERUVANTHANAM P.O., IDUKKI-685532, MANAGER (RETIRED), HEAD OFFICE, KERALA STATE BEVERAGES CORPORATION, TRIVANDRUM. PPO NO.KR/KTM/00043565, PF A/C. NO.KR/TVM/00 10416/0000314.. 12SUSHAMA BALAN, AGED 67 YEARS D/O. BALAKRISHNAN, SUHARAJKP VI-32-A KAIPADI, PALOTTUKUZHY, CHEKKAKONAM P.O., TRIVANDRUM- 695564, ASSISTANT GR.II (RETIRED), HEAD OFFICE, KERALA STATE BEVERAGES CORPORATION, TRIVANDRUM. PPO NO.KR/TVM/00063895, PF A/C. NO.KR/ /10416/232. ``` ## **`WP(C) No.369 of 2020`** -: 3 :- ``` 13P.V. THANKA, AGED 69 YEARS, D/O. VELAYUDHAN, MADHAVAMANDIRAM, VILLUNNII P.O., KOTTAYAM-686008, ASSISTANT GR.I (RETIRED) WARE HOUSE, KERALA STATE BEVERAGES CORPORATION, KOTTAYAM. PPO NO.KR/KTM/19125, PF A/C. NO.KR/TVM/10416/100. 14GEETHA K., AGED 59 YEARS W/O. C. RAJKUMAR, 4A, SFS BOULEVARD, PUTHIYA ROAD, CHAKKARAPARAMBU, VENNALA P.O., PIN- 682028, REGIONAL MANAGER (RETIRED) HEAD OFFICE, KERALA STATE BEVERAGES CORPORATION, KOTTAYAM. PPO NO.KR/TVM/00085204, PF A/C. NO.KR/TVM/10416/15. 15SHELBY K.K.,AGED 59 YEARS D/O. KOCHAL, KALATHIPARAMBIL HOUSE, THAIYEZHAT LANE (EAST), NAYARAMBALAM, ERNAKULAM, OFFICE ATTENDANT (RETIRED), KERALA STATE BEVERAGES CORPORATION, PETTAH. PPO NO.KR/KCH/00108766, PF A/C. NO.KR/TVM/10416/000/0001188. 16B.S. ASHOK, AGED 62 YEARS S/O. K. BALAKRISHNAN, GAANGEYAM, VENPALAVATTAM, ANYARA P.O., THIRUVANANTHAPURAM-695029, RETIRED FINANCE MANAGER, KERALA STATE BEVERAGES CORPORATION, PPO NO.KR/TVM/00082926, PF A/C. NO.KR/TVM/10416/111. BY ADVS. C.S.AJITH PRAKASH SRI.T.K.DEVARAJAN SMT.T.N.SREEKALA SRI.FRANKLIN ARACKAL SRI.M.B.SOORI SHRI.BABU M. SRI.PAUL C THOMAS ``` ## **`RESPONDENTS:`** ``` 1UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT, NEW DELHI-110001. ``` ## **`WP(C) No.369 of 2020`** -: 4 :- - `2 CENTRAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN, 14 BHIKAJI CAMA PLACE, NEW DELHI-110066.` - `3 REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN, PATTAM PALACE, THIRUVANANTHAPURAM-695004.` - `4 ASSISTANT PROVIDENT FUND COMMISSIONER (PENSION), SUB REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO), CMS COLLEGE ROAD, P.B. NO.36, KOTTAYAM-686001.` - `5 KERALA STATE BEVERAGES CORPORATION LIMITED (KSBC), (GOVERNMENT OF KERALA UNDERTAKING), REPRESENTED BY ITS MANAGING DIRECTOR, BEVCO TOWERS, NEAR MUSCOT HOTEL, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.` ``` BY ADVS. SRI.R.PRASANTH KUMAR, CGC FOR R1 NITA N.S, SC FOR R2 & R4 SRI.NAVEEN.T., SC FOR R5 ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY ``` ``` HEARD ON 11.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` Sathish Ninan, J. ============================== WP(C) No.369 of 2020 ========================== Dated this the 11[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.369 of 2020` -: 2 :- ``` Resultantly, the writ petition is 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 ``` ``` amk ``` ## **`APPENDIX OF WP(C) 369/2020`** ``` PETITIONERS’ EXHIBITS : ``` - `EXHIBIT P1 A TRUE COPY OF THE PENSION PAYMENT ORDER NO.KR/KTM/PENSION/2019 OF THE 1ST PETITIONER ISSUED BY THE 4TH RESPONDENT.` - `EXHIBIT P2 A TRUE COPY OF THE JEEVAN PRANAM FOR PPO NUMBER KRKCH00066920 SUBMITTED BY THE 2ND PETITIONER FOR PENSION.` - `EXHIBIT P3 A TRUE COPY OF THE PENSION PAYMENT ORDER NO. KR/KTM/PENSION/2014 OF THE 4TH PETITIONER ISSUED BY THE 4TH RESPONDENT.` - `EXHIBIT P4 A TRUE COPY OF THE PENSION PAYMENT ORDER NO. KR/KCH/PENSION/2015 OF THE 4TH PETITIONER ISSUED BY THE 4TH RESPONDENT.` - `EXHIBIT P5 A TRUE COPY OF THE PENSION PAYMENT ORDER NO. KRKTM00042842 OF THE 5TH PETITIONER ISSUED BY THE 3RD RESPONDENT.` - `EXHIBIT P6 A TRUE COPY OF THE PENSION PAYMENT ORDER NO. KR/TVM/PENSION/2019/6540 OF THE 6TH PETITIONER ISSUED BY THE 3RD RESPONDENT.` - `EXHIBIT P7 A TRUE COPY OF THE PENSION PAYMENT ORDER NO. KR/TVM/PENSION/2018 OF THE 7TH PETITIONER ISSUED BY THE 3RD RESPONDENT.` - `EXHIBIT P8 A TRUE COPY OF THE PENSION PAYMENT ORDER NO. KR/TVM/PENSION/2014 OF THE 8TH PETITIONER ISSUED BY THE 3RD RESPONDENT.` - `EXHIBIT P9 A TRUE COPY OF THE PENSION PAYMENT ORDER NO. KRTVM00085254 OF THE 9TH PETITIONER ISSUED BY THE 3RD RESPONDENT.` - `EXHIBIT P10 A TRUE COPY OF THE PENSION PAYMENT ORDER NO. KR/TVM/PENSION/2016 OF THE 10TH PETITIONER ISSUED BY THE 3RD RESPONDENT.` ``` WP(C) No.369 of 2020 ``` -2- - `EXHIBIT P11 A TRUE COPY OF THE PENSION PAYMENT ORDER NO. KR/KTM/PENSION/2019 OF THE 11TH PETITIONER ISSUED BY THE 4TH RESPONDENT.` - `EXHIBIT P12 A TRUE COPY OF THE PENSION PAYMENT ORDER NO.KR/TVM/00063895 OF THE 12TH PETITIONER ISSUED BY THE 3RD RESPONDENT.` - `EXHIBIT P13 A TRUE COPY OF THE PENSION PAYMENT ORDER NO. KR/KTM/PENSION/09/15938 OF THE 13TH PETITIONER ISSUED BY THE 3RD RESPONDENT.` - `EXHIBIT P14 A TRUE COPY OF THE PENSION PAYMENT ORDER NO. KR/TVM/PENSION/2019/363 OF THE 14TH PETITIONER ISSUED BY THE 3RD RESPONDENT.` - `EXHIBIT P15 A TRUE COPY OF THE PENSION PAYMENT ORDER NO.KR/KCK/PENSION/2019 OF THE 15TH PETITIONER ISSUED BY THE 3RD RESPONDENT.` - `EXHIBIT P16 A TRUE COPY OF THE PENSION PAYMENT ORDER NO.KRTVM00082926 OF THE 16TH PETITIONER ISSUED BY THE 3RD RESPONDENT.` - `EXHIBIT P17 A TRUE COPY OF THE JUDGMENT DATED 04/11/2011 IN WPC NO.6643/2007.` - `EXHIBIT P18 A TRUE COPY OF THE JUDGMENT IN WA NO.568/2012 AND OTHER CONNECTED CASES DATED 05/03/2013.` - `EXHIBIT P19 A TRUE COPY OF THE JUDGMENT OF THE APEX COURT IN 7074/2014 AND OTHER CONNECTED CASES DATED 31/03/2016.` - `EXHIBIT P20 A TRUE COPY OF THE JUDGMENT IN WPC NO.12999/2014 DATED 22/09/2014.` - `EXHIBIT P21 A TRUE COPY OF THE JUDGMENT DATED 05/11/2014 IN WA(C) 1502/14.` - `EXHIBIT P22 A TRUE COPY OF THE JUDGMENT DATED 12/10/2018. EXHIBIT P23 A TRUE COPY OF THE CASE STATUS INDICATING ABOVE FACT, AS DOWN LOADED FROM THE WEBSITE OF THE HON'BLE SUPREME COURT.`