High Court of KeralaSingle JudgeDisposed of with direction to reconsider pensio...

Mukundaraj K. and Others v Union of India and Others

Case / Petition Number:WP(C) No. 16883 of 2020

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Ziyad Rahman A.A.
Judgment Date
2023-03-30
Court Decision / Holding
The writ petition is disposed of with directions that the 2nd respondent (EPFO) reconsider the petitioners’ pension claims in light of the Supreme Court’s principles laid down in EPF Organization and Another v. Sunil Kumar B & Others (2022), on the petitioners’ representations to be submitted within one month from the date of receipt of a copy of this judgment. The 2nd respondent is to take note of the observations in Sunil Kumar’s case while processing the claims.
Final Disposition
Disposed of with direction to reconsider pension claims under Sunil Kumar principles upon representation within one month

Parties to the Case

Appellants / Petitioners

  • Mukundaraj K.
  • Prabhakaran K.
  • Mohan­an V.
  • Sundaran U.
  • Hamza A.P.
  • Sooraj Babu E.
  • Sivadasan K.
  • Subramanian E.
  • Sathyad­haran M.
  • Vasu Kizhakkepurakkal
  • Prakasn P.
  • Unikrishnan A.
  • Padmakumar
  • Subramanian
  • Rajan A.V.
  • Hamza K.
  • Pavithran
  • Neelakandan P.

Respondents

  • Union of India represented by the Secretary, Ministry of Labour and Employment, Shram Shakti Bhavan, New Delhi
  • Employees Provident Fund Organization, represented by Regional Manager, Kozhikkode
  • Regional Provident Fund Commissioner (Pension1), EPFO, Thiruvananthapuram
  • Janatha Tiles Works Limited, Moonniyur Post, Kozhikode District

Legal Representation & Advocates

Counsels for Petitioners

  • • Kandampully Rahul
  • • Smti. Raaga R. Ramalakshmi

Counsels for Respondents

  • • Sudhinkumar K.
  • • Dr. Abraham P. Meachinkara
  • • Sri. K.P. Sudheer

Case Synopsis & Summary

This High Court of Kerala writ petition concerns 18 current or former employees of Janatha Tiles Works Limited seeking relief under the Employees Provident Fund and Miscellaneous Provisions Act (EPF Act) and the associated Pension Scheme. The petitioners contend that pension computation has been wrongly based on a salary ceiling and that they are entitled to reckon their actual salary for pensionable service, enabling enhanced pension benefits as envisaged by Ext. P-2 (the court’s prior judgment in similar matters). They pray for mandamus to re-determine the pension in line with Ext. P-2 and to disburse monthly pension accordingly, in addition to declaring the quashed Ext. P-1 Amendment Notification illegal and oppressive and challenging the denial of pension under Ext. P-2. The EPFO and related respondents opposing the petition argue that Supreme Court guidance in EPF Organization and Another v. Sunil Kumar B & Others (2022) has settled the issues, and therefore any reconsideration should be grounded in that decision, with the petitioners to submit representations for consideration. At final hearing, the court disposed of the petition by directing the 2nd respondent to reconsider the petitioners’ claims in light of Sunil Kumar’s principles, upon the petitioners submitting representations within one month. The judgment emphasizes uniform application of the Supreme Court’s approach to pension computation under the EPF regime and provides a pathway for redress within the established framework.

Provisions of Law Cited

Employees Provident Fund and Miscellaneous Provisions Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners, employees of the 4th respondent establishment, contend that they are covered by the Employees Provident Fund and Miscellaneous Provisions Act and the EPF Scheme, and that they are entitled to an enhanced pension by reckoning their actual salary as pensionable service, beyond the salary ceiling that was used for pension computation. They urge re-determination of pension in terms of Ext. P-2 and seek monthly pension disbursal in that light, while challenging the validity of the Ext. P-1 Amendment Notification as illegal. They rely on the principle that pension should reflect the true remuneration and seek a mandamus directing the respondents to correct the quantum of pension under the scope of the pension scheme.

Contentions of Respondents

The respondents counter that Supreme Court guidance in EPF Organization and Another v. Sunil Kumar B & Others (2022) settles the issues and that pension computation must align with the principles laid down in that decision. They submit that any relief must be granted through a process of reconsideration consistent with Sunil Kumar, requiring the petitioners to submit representations within a specified period. They point to the quashing of Ext. P-1 via the Sunil Kumar decision and emphasize the need to apply the Supreme Court’s directions rather than statutorily revisiting Ext. P-2 in isolation.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
EPF Organization and Another v. Sunil Kumar B and Others2022 SCC Online SC 1521PositiveCourt relies on this Supreme Court decision for guiding pension computation and directs reconsideration of the petitioners’ claims consistent with Sunil Kumar.

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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 ZIYAD RAHMAN A.A. THURSDAY, THE 30[TH] DAY OF MARCH 2023 / 9TH CHAITHRA, 1945** ## **WP(C) NO. 16883 OF 2020** ## **PETITIONER/S:** 1 MUKUNDARAJ K., AGED 63 YEARS S/O. SRI GOPALAN NAIR, NATHARA HOUSE, VALIMUKKU POST, MALAPPURAM DISTRICT PIN 676 317, PHONE 9567188122 EPF ACCOUNT NO. KR/KKD/0000628/000/0000175 PPO NO. KR/KKD/00055980. 2 PRABHAKARAN K, AGED 63 YEARS S/O. SRI CHOYIKUTTY, PRASEETHA NIVAS, PULIKKAL POST, MALAPPURAM DISTRICT, PIN 673 637 PHONE 9495292496 EPF ACCOUNT NO. KR/KKD/0000628/000/0000208 PPO NO. KR/KKD/000559442 3 MOHANAN V, AGED 61 YEARS S/O. APPUNNI NAIR, VADAKAYIL HOUSE, SIYAM KANDAM, MALAPPURAM DISTRICT PIN 673 637 PHONE 9020308301 EPF ACCOUNT NO. KR/KKD/0000628/000/0000249 PPO NO. KR/KKD/00060674 4 SUNDARAN U, AGED 59 YEARS S/O. SRI RAMAN, ULLADATH MEKEVADAKKENI HOUSE, FAROOK COLLEGE POST, KOZHIKODE DISTRICT PIN 673 632 PHONE 9846775054 EPF ACCOUNT NO. KR/KKD/0000628/000/0000244 PPO NO. KR/KKD/00068982 5 HAMZA A.P, AGED 61 YEARS S/O. MAMMAD, ASSARIPADIKKAL HOUSE, TIRURANGADI POST, MALAPPURAM DISTRICT, PIN 676 306, PHONE 9895366862 EPF ACCOUNT NO. KR/KKD/0000628/000/0000182 PPO NO. KR/KKD/00062644 6 SOORAJ BABU E, AGED 62 YEARS S/O. SRI RAGHAVAN, EDAPPARUTHI DREAM VILLA HOUSE, NALLUR RAGHAVAN, EDAPPARUTHI DREAM VILLA HOUSE, NALLUR PERUMUGHAM POST, FEROK., KOZHIKODE DISTRICT, PIN 673 613, PHONE 9947758947 EPF ACCOUNT NO. KR/KKD/0000628/000/0000245 PPO NO. W.P.(C) No. 16883 of 2020 2 KR/KKD/00057101 7 SIVADASAN K, AGED 64 YEARS S/O. SRI. VELAYUDHAN , KOTTAYIL HOUSE, KADALUNDI POST, KOZHIKODE DISTRICT PIN 673 302 PHONE 9895183226 EPF ACCOUNT NO. KR/KKD/0000628/000/0000167 PPO NO. KR/KKD/00055420 8 SUBRAMANIAN E, AGED 59 YEARS S/O. RARU K, EDAYAM VEETTIL HOUSE, PUTHUKKODU POST, MALAPPURAM DISTRICT PIN 673 633 PHONE 9895938125 EPF ACCOUNT NO. KR/KKD/0000628/000/0000275 PPO NO. KR/KKD/00068516 9 SATHYADHARAN M, AGED 61 YEARS S/O. NARAYANAN, EANTHINGAL HOUSE, PERUMUGHAM POST, KOZHIKODE DISTRICT, PIN 673 631, PHONE 9656892941 EPF ACCOUNT NO. KR/KKD/0000628/000/0000301 PPO NO. KR/KKD/00062791 10 VASU KIZHAKKEPURAKKAL, AGED 61 YEARS S/O. UNNIKUTTY, KIZHAKKEPURAKKAL HOUSE, MOONNIYYUR POST, MALAPPURAMD ISTRICT, PIN 676 311 PHONE 9349758826 EPF ACCOUNT NO. KR/KKD/0000628/000/0000225 PPO NO. KR/KKD/00061021 11 PRAKASAN P, AGED 60 YEARS S/O. UNNIVELU, PERUNILATHU HOUSE, BEYPORE POST, KOZHIKODE DISTRICT PIN 673 015, PHONE 9633760243 EPF ACCOUNT NO. KR/KKD/0000629/000/0000202 PPO NO. KR/KKD/00065820 12 UNIKRISHNAN A, AGED 59 YEARS S/O. SRI MADHAVAN A, ARIKKANNATH HOUSE, BEYPORE POST, KOZHIKODE DISTRICT PIN 673 015, PHONE 949540409771 EPF ACCOUNT NO. KR/KKD/0000629/000/0000228 PPO NO. KR/KKD/00068440 13 PADMAKUMAR, AGED 60 YEARS S/O. SRI. SUBRAMANIAN, KONAKKAL HOUSE, MAMBURAM POST, MALAPPURAM DISTRICT PIN 676 306 PHONE 9544296616 EPF ACCOUNT NO.KR/KKD/0000628/000/0000282 PPO W.P.(C) No. 16883 of 2020 3 NO.KR/KKD/00066695 14 SUBRAMANIAN, AGED 62 YEARS S/O. SRI VELAYUDHAN, KIDANGHATH HOUSE, BEYAPORE POST, KOZHIKODE PIN 673 015, PHONE 9746146598 EPF ACCOUNT NO.KR/KKD/0000628/000/0000214 PPO NO.KR/KKD/00059981 15 RAJAN A.V, AGED 60 YEARS S/O. SRI KRISHNAN, ANTHAM VEETIL HOUSE, VELIMUKKU POST, MALAPPURAM DISTRICT PIN 676 317 PHONE 9961339201 EPF ACCOUNT NO.KR/KKD/0000628/000/0000278 PPO NO.KR/KKD/00065972 16 HAMZA K AGED 60 YEARS S/O. AHAMMED, KALATHINGAL HOUSE, MOONNIYUR POST, MALAPPURAM DISTRICT, PIN 676 311 PHONE 9961905739 EPF ACCOUNT NO.KR/KKD/0000628/000/0000235 PPO NO.KR/KKD/00064596 17 PAVITHRAN, AGED 63 YEARS S/O.S RI KUTTAI, VAKERI NIVAS HOUSE, KARUVANTHIRUTHI POST, KOZHIKODE DISTRICT PIN 673 731 PHONE 9656496403 EPF ACCOUNT NO.KR/KKD/0000628/000/0000203 PPO NO.KR/KKD/00060535 18 NEELAKANDAN P, AGED 62 YEARS S/O. SRI CHATHAN, PATHUR HOUSE, VELIMUKKU POST, MALAPPURAM DISTRICT PIN 676 317 PHONE 9497741239 EPF ACCOUNT NO.KR/KKD/0000628/000/0000197 PPO NO.KR/KKD/00059323 BY ADVS. KANDAMPULLY RAHUL SMT.RAAGA R.RAMALAKSHMI ## **RESPONDENT/S:** 1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM W.P.(C) No. 16883 of 2020 4 SHAKTHI BHAVAN, RAFFI MARGH NEW DELHI 110 001 - 2 EMPLOYEES PROVIDENT FUND ORGANIZATION, REPRESENTED BY REGIONAL MANAGER, REGIONAL/SUB DIVISION OFFICE, KOZHIKODE 673 006 - 3 THE REGIONAL PROVIDENT FUND COMMISSIONER(PENSION1) EMPLOYEES PROVIDENT ORGANISATION, PATTOM, THIRUVANANTHAPURAM PIN 695 004 - 4 JANATHA TILES WORKS LIMITED, REPRESENTED BY MANAGER, MOONNIYUR POST, PARAKKADAVU, MALAPPURAM PIN 676 311 BY ADVS. Mr.SUDHINKUMAR K., CGC DR.ABRAHAM P.MEACHINKARA, SC, EPF ORG. SRI.K.P.SUDHEER ## **OTHER PRESENT:** ADV ABRAHAM P MEACHINKARA-SC ## **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION** **ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No. 16883 of 2020 5 ## **JUDGMENT** The petitioners are the employees of the 4[th] respondent establishment, and according to them the establishment is covered by the provisions of Employees Provident Fund and Miscellaneous Provisions Act and the Scheme framed there under. All of them have now retired from the service. This writ petition is submitted by the petitioners, seeking the following reliefs. - “(i) To issue a Writ of Mandamus or any other writ, direction or order directing the 2nd and 3rd respondent to re-determine pension of the Petitioners' as per Ext.P-2 Judgment forthwith; - (ii) To issue a Writ of Mandamus or any other writ, direction or order directing the 2nd and 3rd respondent to disburse monthly pension in accordance with Ext.P-2 Judgment forthwith; - (iii) To declare that the act of the Respondents 1 to 3 in calculating pension as per the quashed Ext.P-1 Amendment Notification is illegal and oppressive; - (iv) To declare that the act of the Respondents 1 to 3 in denying pension as per Ext.P-2 Judgment is illegal and oppressive; - (v) To pass such other reliefs as may be found fit in the facts and circumstances of the case; - AND - (vi) Award cost to the Petitioners.” 2. It is the case of the petitioners that, contribution to the provident fund, was made by reckoning the actual salary above the ceiling limit prescribed under the Employees Provident Fund W.P.(C) No. 16883 of 2020 6 Act. According to the petitioners, they are entitled to exercise the option to have an enhanced pension, reckoning their actual salary as pensionable service. 3. Today when the matter came up for consideration, Sri. Abraham P Meachinkara, the learned Standing Counsel appearing for the Employees Provident Fund Organization submitted that, the issues raised by the petitioners are now settled by the Honourable Supreme Court, in the decision rendered in **EPF** ## **Organization and Another v. Sunil Kumar B and Others** (2022 SCC online SC 1521). It is pointed out that, in the light of the principles laid down and the directions issued by the Honourable Supreme Court in the said decision the claims of the petitioners have to be reconsidered. In such circumstances, this writ petition is disposed of directing the 2[nd] respondent to consider the claims of the petitioners, in the light of the principles laid down by the Honourable Supreme Court upon the petitioner submitting appropriate representation before them highlighting their grievances. It is ordered that such representation shall be W.P.(C) No. 16883 of 2020 7 submitted within a period of one month from the date of receipt of a copy of this judgment and the same shall be considered by the 2[nd] respondent, by taking note of the observations in **Sunil Kumar** 's case (supra). Sd/- ## **ZIYAD RAHMAN A.A.** **JUDGE** rpk W.P.(C) No. 16883 of 2020 8 ## **APPENDIX OF WP(C) 16883/2020** PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE GAZETTE NOTIFICATION NO. 442 ISSUED BY THE MINISTRY OF LABOUR AND EMPLOYMENT BEARING NO. D.L 33004/99 DATED 22-08-2014. EXHIBIT P2 A TRUE COPY OF THE JUDGMENT OF THE LEARNED DIVISION BENCH OF THIS HON'BLE COURT IN WRIT PETITION (CIVIL) NO. 13120/2015