Kerala High Court
Antony V.J vs Union Of India (Uoi)
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 19TH DAY OF NOVEMBER 2014/28TH KARTHIKA, 1936
WP(C).No. 28306 of 2014 (K)
-----------------------------------------
PETITIONER(S):
--------------------------
1. ANTONY V.J.,
SENIOR MANAGER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, PATTANAKAD, CHERTHALA - 688 531.
2. ANANDAKRISHNAN S,
ASSISTANT ACCOUNTS OFFICER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, PATTANAKAD, CHERTHALA - 688 531.
3. BALASUBRAMANIAN P.V,
CHEMIST,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, PATTANAKAD, CHERTHALA - 688 531.
4. PHILIP THOMAS,
ASSISTANT MANAGER (STORE),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, PATTANAKAD, CHERTHALA - 688 531.
5. RAJU P.G,
MANAGER (HRD),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, PATTANAKAD, CHERTHALA - 688 531.
6. GOPI K,
DEPUTY ENGINEER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, PATTANAKAD, CHERTHALA - 688 531.
7. SUKUMARAN K,
TECHNICAL SUPERINTENDENT,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, PATTANAKAD, CHERTHALA - 688 531.
8. PRADEEP T,
ASSISTANT MANAGER (P&M),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, PATTANAKAD, CHERTHALA - 688 531.
..2...
-2-
9. KRISHNAMOORTHY E,
ASSISTANT ACCOUNTS OFFICER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, PATTANAKAD, CHERTHALA - 688 531.
10. UNNIKRISHNAN V,
MANAGER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CENTRAL PRODUCTS DAIRY, PUNNAPRA, ALAPPUZHA.
11. KOSHY CHERIYAN,
ACCOUNTS OFFICER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CENTRAL PRODUCTS DAIRY, PUNNAPRA, ALAPPUZHA.
12. MOHAMMED NAJEEB P.M,
ASSISTANT ACCOUNTS OFFICER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CENTRAL PRODUCTS DAIRY, PUNNAPRA, ALAPPUZHA.
13. KRISHNAKUMARI S,
ASSISTANT PERSONNEL OFFICER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CENTRAL PRODUCTS DAIRY, PUNNAPRA, ALAPPUZHA.
14. ALEX MATHEW,
ASSISTANT MANAGER (PRODUCTION),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CENTRAL PRODUCTS DAIRY, PUNNAPRA, ALAPPUZHA.
15. MURUKAN V.S,
QUALITY CONTROL OFFICER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CENTRAL PRODUCTS DAIRY, PUNNAPRA, ALAPPUZHA.
16. SCARIA K.J,
ASSISTANT MANAGER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CENTRAL PRODUCTS DAIRY, PUNNAPRA, ALAPPUZHA.
17. RAJIVE ZACHARIAH,
ASSISTANT MANAGER (MARKETING),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CENTRAL PRODUCTS DAIRY, PUNNAPRA, ALAPPUZHA.
18. SALIM V.S,
ASSISTANT MANAGER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CENTRAL PRODUCTS DAIRY, PUNNAPRA, ALAPPUZHA.
19. SREENIVASAN P.D,
TECHNICAL SUPERINTENDENT (ENGINEERING),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CENTRAL PRODUCTS DAIRY, PUNNAPRA, ALAPPUZHA.
-3-
20. AMAL RENJITH R,
TECHNICAL SUPERINTENDENT (E),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CENTRAL PRODUCTS DAIRY, PUNNAPRA, ALAPPUZHA.
21. ANTONY JACOB,
MANAGER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT,MALAMPUZHA, PALAKKAD.
22. SREERAMAN C.R,
ASSISTANT MANAGER (P&A), IN CHARGE,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, MALAMPUZHA, PALAKKAD.
23. SATHEESAN N,
ASSISTANT MANAGER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, MALAMPUZHA, PALAKKAD.
24. BABY T.J,
ACCOUNTS OFFICER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, MALAMPUZHA, PALAKKAD.
25. RADHAKRISHNAN M.G,
TECHNICAL SUPERINTENDENT HG (AS),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, MALAMPUZHA, PALAKKAD.
26. MOHANDAS P,
TECHNICAL SUPERINTENDENT (LAB),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT,MALAMPUZHA, PALAKKAD.
27. SREEKUMAR T,
MARKETING OFFICER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, MALAMPUZHA, PALAKKAD.
28. SREENIVASAN K,
DEPUTY ENGINEER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, MALAMPUZHA, PALAKKAD.
29. SUNILKUMAR K,
JUNIOR SUPERINTENDENT (HG),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
CATTLE FEED PLANT, MALAMPUZHA, PALAKKAD.
30. ANILKUMAR G,
GENERAL MANAGER (PURCHASE),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM
THIRUVANANTHAPURAM - 4.
-4-
31. JIMMY ABRAHAM,
GENERAL MANAGER (PROJECTS/PLANNING),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
32. JAMES P. JACOB,
SENIOR MANAGER (P&I/QC),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
33. PRATHEEP KUMAR V,
PROGRAMMER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
34. MATHUSOODANAN NAIR B,
SENIOR GRADE TYPIST,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
35. BHUVANENDRAN PILLAI G,
DRIVER GRADE 1, (DESPATCH ASSISTANT I/C),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
36. THANKAMANY G,
JUNIOR SUPERINTENDENT (HG),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
37. SATHEESH K.G,
SENIOR MANAGER (MARKETING/HR),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
38. SUGUNAN G,
MANAGER (MIS & SYSTEMS),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
39. GOPAKUMAR A,
ASSISTANT MANAGER (QC),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
-5-
40. MOHANAKUMAR S,
ASSISTANT MANAGER (SYSTEMS),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
41. JAYASREE V,
PERSONNEL OFFICER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
42. JAYAPRAKASH M.S,
ASSISTANT LIAISON OFFICER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
43. LIMSA V. NAIR,
JUNIOR SUPERINTENDENT,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
44. HEMAMALINI S.K,
DATA ENTRY SUPERVISOR (HG),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
45. JAYANTHY B.K,
ASSISTANT ACCOUNTS OFFICER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
46. PRIYANKA S,
JUNIOR ASSISTANT,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
47. RAJENDRAN R,
DRAUGHTS MAN SENIOR GRADE,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
48. NUJUMDIN K,
JUNIOR SUPERINTENDENT,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
-6-
49. LEELAMANI V,
WORKER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
50. SATHEESHKUMAR T,
SPECIAL GRADE OFFICE ATTENDER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
51. KESAVAN POTTI S,
MANAGER (FINANCE),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4.
52. ASHOKKUMAR C.V,
ASSISTANT MANAGER (TRG),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
MILMA TRAINING CENTRE, RAMAVARMA PURAM P.O, THRISSUR.
53. SASIDHARAN K.M,
STENOGRAPHER (HG),
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
MILMA TRAINING CENTRE, RAMAVARMA PURAM P.O, THRISSUR.
54. PADMINI A,
SWEEPER CUM SCAVENGER,
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
MILMA TRAINING CENTRE, RAMAVARMA PURAM P.O, THRISSUR.
BY ADVS.SRI.K.SASIKUMAR
SRI.R.ROHITH
RESPONDENT(S):
----------------------------
1. UNION OF INDIA (UOI),
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA MINISTRY
OF LABOUR AND EMPLOYMENT,
DEPARTMENT OF EMPLOYMENT, NEW DELHI - 110 001.
2. CENTRAL PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANISATION, HEAD OFFICE,
BHAVISHYA NIDHI BHAVAN, NEW DELHI - 110 066.
3. REGIONAL PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO),
MINISTRY OF LABOUR, GOVERNMENT OF INDIA, PATTOM,
THIRUVANANTHAPURAM.
-7-
4. REGIONAL PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANISATION (EPF0),
SUB REGIONAL OFFICE ,
ERANHIPALAM, KOZHIKODE - 673 006.
5. REGIONAL PROVIDENT FUND COMMISSIONER,
BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI- 17.
6. KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,
HEAD OFFICE, MILMA BHAVAN, PATTOM,
THIRUVANANTHAPURAM- 4,
REPRESENTED BY ITS MANAGING DIRECTOR.
R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R6 BY ADV. SRI.K.ANAND (SR.)
R6 BY ADV. SMT.LATHA KRISHNAN
R BY SMT.T.N.GIRIJA, SC,EPF ORGANISATION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 28306 of 2014 (K)
---------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS:
-------------------------------------
EXHIBIT P1: A TRUE COPY OF THE CIRCULAR NO.PENSION/MISC./2005.
EXHIBIT P2: ATRUE COPY OF THE LETTER DATED 28.8.14 FORWARDED BY THE
6TH RESPONDENT TO THE 5TH RESPONDENT IN RESPECT OF THE
EMPLOYEES OF THE CATTLE FEED PLANT PATTANAKAD AND
CENTRAL PRODUCTS DAIRY, PUNNAPRA.
EXHIBIT P3: ATRUE COPY OF THE LETTER DATED 28.8.14 FORWARDED BY THE
6TH RESPONDENT TO THE 4TH RESPONDENT IN RESPECT OF THE
EMPLOYEES OF THE CATTLE FEED PLANT, MALAMPUZHA.
EXHIBIT P4: ATRUE COPY OF THE LETTER DATED 10.10.14 FORWARDED BY THE
6TH RESPONDENT TO THE 3RD RESPONDENT IN RESPECT OF THE
EMPLOYEES OF THE HEAD OFFICE.
EXHIBIT P5: ATRUE COPY OF THE ANOTHER LETTER DATED 28.8.14 FORWARDED
BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT IN RESPECT OF
THE EMPLOYEES OF THE HEAD OFFICE.
EXHIBIT P6: ACOMPARATIVE TABLE SHOWING DETAILS OF EACH OF THE
PETITIONERS, THEIR EPF NOS, DATE OF JOINING SERVICE, DATES
WHEN THEIR PAY EXCEEDED THE CEILING LIMIT ETC.
EXHIBIT P7: ATRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT
DATED 4.11.11 IS WPC 9929/07.
EXHIBIT P8: ATRUE COPY OF THE JUDGMENT DATED 24.2.12 IN WPC 7878/11.
EXHIBIT P9: ATRUE COPY OF THE JUDGMENT DATED 5.3.13 IN WA 1137/12 OF
THIS HONOURABLE COURT.
EXHIBIT P10: A TRUE COPY OF THE LETTER DATED 31.10.13 FORWARDED BY THE
4TH RESPONDENT TO THEIR COUNTERPART IN KOCHI.
RESPONDENT(S)' EXHIBITS: NIL
---------------------------------------
/TRUE COPY/
P.A. TO JUDGE
AK
K.VINOD CHANDRAN, J.
---------------------------------------
W.P.(C) No. 28306 of 2014 (K)
----------------------------------------
Dated this the 19th day of November, 2014
JUDGMENT
I have heard the learned counsel appearing for the petitioners, the learned Standing Counsel appearing for the respondents 2 to 5, the learned Assistant Solicitor General appearing for the 1st respondent and the learned Standing Counsel appearing for the 6th respondent.
2.The petitioners are the employees in the service of the 6th respondent. Admittedly, the petitioners are covered under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and the Employees Pension Scheme, 1995. The petitioners had salary above Rs.6500/-, and are stated to have exercised an option under Section 26(6) of the Act. However, the Provident Fund Organization disputes the exercise of joint option by the employer and the employee; and asserts that it has not been done.
W.P.(C) No. 28306 of 2014 (K) 2
3.Be that as it may, it is admitted that the contribution to the Provident Fund being 12% of the total salary deducted as employees contribution and the 12% paid by the employer, were remitted to the Organization. As per the provisions of the Pension Scheme 8.33% of the contribution from the employer, is to be deducted and credited to the Pension Fund. However, in making such deduction, the Provident Fund Organization limited it to 8.33% of the maximum salary provided, ie., Rs.6500/-. The balance contribution made by the employer for the salary in excess of Rs.6,500/-, was fully retained in the Provident Fund Account itself.
4.The petitioners contend that such a retention was made by the Organization without reference to the statute. The cut-off date prescribed being 01.12.2004 is also against the statutory provisions and does not have any nexus with the object sought to be achieved, is the argument. This Court has by judgment in W.P.(C) Nos. 6643 & 9929 of 2007, dated 04.11.2011, held that the W.P.(C) No. 28306 of 2014 (K) 3 cut-off date prescribed is without jurisdiction and that the Organization could not have retained the 8.33% of the employer's contribution, proportionate to the salary in excess of Rs.6,500/- in the Provident Fund Account and that it ought to have been credited to the Pension Scheme. The aforesaid judgment, of a learned Single Judge was also confirmed in appeal. The amounts, being 8.33% contribution in excess of the earlier prescribed limit of Rs. 6,500/- in any event, have been retained with the Provident Fund Organization and what would be required to comply, with the judgments of this Court, is only book adjustments.
5.Following the binding precedents, this writ petition is also disposed of directing that the 8.33% of the employer's contribution, proportionate to the salary of the employee, in excess of Rs.6,500/-, shall now be credited to the Pension Scheme and orders passed in accordance with law. Needless to say the interest accrued in the Provident Fund Account to that extent W.P.(C) No. 28306 of 2014 (K) 4 also will stand transferred to the Pension Account.
6.The extant employees shall also submit joint applications, along with their employer wherever the same has not been done. The directions above noted shall be complied within three months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of. No costs.
Sd/-
K.VINOD CHANDRAN, JUDGE AMV/19/11/