Delhi High Court - Orders
Concor Employees Cpf Trust vs Employees Prodent Fund Organization ... on 13 April, 2021
Author: Jyoti Singh
Bench: Jyoti Singh
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4504/2021
CONCOR EMPLOYEES CPF TRUST ..... Petitioner
Through: Mr. Rishi K. Awasthi, Advocate
versus
EMPLOYEES PRODENT FUND ORGANIZATION AND ANR.
..... Respondents
Through
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 13.04.2021 Hearing has been conducted through Video Conferencing. CM APPL. 13762/2021 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.
W.P.(C) 4504/2021 Petitioner herein, Container Corporation of India Employees Contributory Provident Fund Trust, which is a registered Society / Trust under the Societies Registration Act, 1860 and is managed and controlled by the Container Corporation of India Limited (CONCOR), a Navratna Company and a Government of India Undertaking functioning under the administrative control of Ministry of Railways, Government of India, has approached this Court for the following reliefs:
"a. Admit immediately the lawful request of the Petitioner for contribution of pensions on the actual salary/full salary and grant correct pension benefits along with all consequential benefits and interests to the aggrieved members of the Petitioner under EPS-1995 in furtherance of Judgement dated 04.10.2016 of Supreme Court in Civil Appeal No. 10013-10014/2016.
b. Correctly determine the Pensionable Salary of the aggrieved members under the EPS-1995 by taking their respective actual salary immediately preceding month of their eligibility under EPS-1995."
Learned counsel for the Petitioner submits that Petitioner herein is complying with the directions given by the Court in W.P.(C) 5678/2018 and has sent various letters to the Respondents requesting them to give consent for opting for pension on the higher salary/actual salary or full salary and has also furnished complete calculation for a differential amount payable for each member of CONCOR employees CPF Trust for the period from November, 1995 till date.
It is further submitted that the request has been turned down by the Respondent vide letter dated 06.01.2020, on the ground that the Department is following the Guidelines issued by the EPFO and the revision of the Pension on actual or full salary is not applicable for employees of the Trust or exempted Establishments.
Issue notice to the Respondents, through all permissible modes, on the Petitioner taking requisite steps, returnable on 15th July, 2021.
JYOTI SINGH, J APRIL 13, 2021 rd