Kerala High Court
K.Shanmukham Cettiar vs Union Of India on 10 April, 2019
Author: S.V.Bhatti
Bench: S.V.Bhatti
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
WEDNESDAY, THE 10TH DAY OF APRIL 2019 / 20TH CHAITHRA, 1941
WP(C).No. 11463 of 2019
PETITIONER/S:
1 K.SHANMUKHAM CETTIAR
AGED 62 YEARS, S/O. S.KANTHSWAMY CHETTIAR,
EMPLOYEE CODE - 2667, KERALA STATE FINANCIAL ENTERPRISES
LIMITED, PARVATHY NIVAS, VELLAKINAR WARD, ALAPPUZHA
H.P.O. ALAPPUZHA 688 001.
2 S.LEENA, AGED 59 YEARS, W/O. P.SOMAN, EMPLOYEE CODE -
1514, KERALA STATE FINANCIAL ENTERPRISES LIMITED,
'DHANYA' PERUMANAYIL HOUSE, THURAVOR P.O. CHERTHALA
ALAPPUZHA 688 532.
3 G.SUASAMMA, AGED 59 YEARS, W/O. JOSEPH JOHN,
EMPLOYEE CODE - 884, KERALA STATE FINANCIAL
ENTERPRISES LIMITED, PAKKANDATHIL,
PUTHENVEEDU, MEZHUVELI P.O., PATHANAMTHITTA 689
507.
4 K.J. KURIAN, AGED 58 YEARS, S/O. K.K. JOSEPH,
EMPLOYEE CODE-2903, KERALA STATE FINANCIAL
ENTERPRISES LIMITED, KALAPARAMBATH HOUSE,
VILLAGE ROAD, NJARAKKAL P.O., KOCHI 682 505.
5 P.E. AMMINI, AGED 62 YEARS, W/O. BABU M.M.,
EMPLOYEE CODE - 3701, KERALA STATE FINANCIAL
ENTERPRISES LIMITED, T.C.79/1078, 'ABHIMANYU',
KARIKKAKOM, THIRUVANANTHAPURAM 695 021
6 W. STANLEY, AGED 62 YEARS, S/O. B.WILSON, EMPLOYEE
CODE - 2347, KERALA STATE FINANCIAL ENTERPRISES
LIMITED, SANTHI BHAVAN, T.C. 19/861(1),
MUDAVANMUGAL, POOJAPPURA,
THIRUVANANTHAPURAM - 695 012.
W.P.(C) No.11463/2019
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7 RAIHANATH BEEVI M., AGED 62 YEARS, D/O. IBRAHIM
PILLAI, EMPLOYEE CODE - 1264, KERALA STATE FINANCIAL
ENTERPRISES LIMITED, RAIHAN MANZIL, ALUMMOODU,
KANIYAPURAM, THIRUVANANTHAPURAM 695 301.
8 M.R. PUSHPAMMA, AGED 58 YEARS, D/O.RETNAMMA,
EMPLOYEE CODE - 3179, KERALA STATE FINANCIAL
ENTERPRISES LIMITED, MALANCHARUVU VEEDU,
KARICHAL, PULLUVILA P.O., THIRUVANANTHAPURAM 695
526.
9 HAMEEDA BEEVI, AGED 62 YEARS, W/O.M.S.NAJEEB,
EMPLOYEE CODE - 1242, KERALA STATE FINANCIAL
ENTERPRISES LIMITED, KOLASSERIN, CHAVARA P.O.,
KOLLAM.
10 VALSALAKUMARI R., AGED 61 YEARS, W/O. CHANDRA
PILLAI, EMPLOYEE CODE - 1859, KERALA STATE FINANCIAL
ENTERPRISES LIMITED, KUTTIYATH VEEDU, MADAPPALLI
MUKANDAPURAM, CHAVARA, KOLLAM.
11 JOHN K.T. AGED 58 YEARS, S/O. THOMAS, EMPLOYEE CODE -
1310, KERALA STATE FINANCIAL ENTERPRISES LIMITED,
KAYYANIKKAN, NELLAD P.O., MUVATTUPUZHA 686 669.
12 SUBAIDA T.K., AGED 61 YEARS, W/O.MUHAMMED JALEEL,
EMPLOYEE CODE - 2695, KERALA STATE FINANCIAL
ENTERPRISES LIMITED, THOOPPELIL HOUSE,
KOLAMANGALAM, VALANCHERY P.O. 676 552.
13 VADSALA V.K., AGED 60 YEARS, D/O. VALLAN V.K.
EMPLOYEE CODE 3597, KERALA STATE FINANCIAL
ENTERPRISES LIMITED, OVAN VAYALIL HOUSE,
KINALUR P.O., BALUSSERY, KOZHIKODE - 673 612.
14 DINESAN N.K., AGED 60 YEARS, S/O.LATE GOPALAN P.
EMPLOYEE CODE - 1651, KERALA STATE FINANCIAL
ENTERPRISES LIMITED, NANDINI NIVAL, NEAR HARIJAN
COLONY, THAVAKKARA KANNUR 670 002.
BY ADV. SRI.S.M.PREM
W.P.(C) No.11463/2019
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RESPONDENT/S:
1 UNION OF INDIA,. REPRESENTED BY ITS SECRETARY, MINISTRY OF
LABOUR AND EMPLOYMENT, DEPARTMENT OF EMPLOYMENT,
GOVERNMENT OF INDIA, SHRAM SHAKTI BHAVAN, NEW DELHI 110
001.
2 EMPLOYEES' PROVIDENT FUND ORGANISATION,
REPRSENTED BY CHIEF PROVIDENT FUND COMMISSIONER,
BHAVISHYA NIDHI BHAWAN, 14, BHIKAIJI CAMA PLACE,
NEW DELHI - 110 066.
3 REGIONAL PROVIDENT FUND COMMISSIONER,
EMPLOYEES' PROVIDENT FUND ORGANISATION,
BHAVISHYA NIDHI BHAWAN, PATTOM PALANCE P.O.,
THIRUVANANTHAPURAM 695 004.
4 KERALA STATE FINANCIAL ENTERPRISES LIMITED,
REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA,
MUSEUM ROAD, THRISSUR 680 202.
OTHER PRESENT:
SC SRI. P. GOPIKRISHNAN NAMBIAR., SC SRI S. SUJIN., NITA SUJIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.11463/2019
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JUDGMENT
Heard Sri.S.M. Prem, the petitioners' counsel, Smt.Nita Sujin holding for Sri S.Sujin, the counsel for the Provident Fund and Sri. M.Gopikrishnan Nambiar for the Kerala State Financial Enterprises Limited.
2. The petitioners pray for the following reliefs:
i) Issue a writ of mandamus or such other writ, direction or order compelling the respondents to collect contribution on the basis of actual salary drawn by the petitioners in terms of the proviso to paragraph 11(3) of the Employees' Pension Scheme, 1995 from the date of joining the pension scheme;
ii) direct the respondents 2 to 4 to disburse pension to the petitioners by calculating the average of 12 months full pay drawn during the contributory period of service preceding the date of exit from the membership of the Employees' Provident Fund;
iii) issue such other writ, direction or order as is deemed just and necessary in the facts, features and circumstances of the case.
3. The petitioners aver that the prayers are no more res integra and the relief is substantially covered by the ratio of the W.P.(C) No.11463/2019 -5- decision dated 12.10.2018 in W.P.(C) No.13120 of 2015 and batch. The petitioners pray for allowing the writ petition in terms of the said judgment.
4. The Counsel appearing for the respondents, does not dispute the similarity of circumstances in this writ petition with the facts considered and disposed of in W.P.(C) No.13120 of 2015 and batch.
5. The statement of the learned counsel is placed on record. The writ petition is allowed in terms of the judgment dated 12.10.2018 in W.P.(C) No.13120 of 2015 and batch, and the operative portion of W.P.(C) No.13120 of 2015 and batch, for convenience, is excerpted hereunder:
"For the foregoing reasons, the petitioners are entitled to succeed. The writ petitions are all allowed as follows:
i) The Employee's Pension (Amendment) Scheme, 2014 brought into force by Notification No. GSR. 609(E) dated 22.8.2014 evidenced by Ext.P8 in W.P.(C) No. 13120 of 2015 is set aside;
ii) All consequential orders and proceedings issued by the Provident Fund authorities/respondents on the basis of the impugned amendments shall also stand set aside.W.P.(C) No.11463/2019 -6-
iii) The various proceedings issued by the Employees Provident Fund Organization declining to grant opportunities to the petitioners to exercise a joint option along with other employees to remit contributions to the Employees Pension Scheme on the basis of the actual salaries drawn by them are set aside.
iv) The employees shall be entitled to exercise the option stipulated by paragraph 26 of the EPF Scheme without being restricted in doing so by the insistence on a date.
v) There will be no order as to costs."
This exercise to be undertaken in petitioners' claim is completed expeditiously as possible preferably within four months.
Sd/-
S.V.BHATTI JUDGE jjj W.P.(C) No.11463/2019 -7- APPENDIX EXHIBIT P1 TRUE COPY OF ORDER DATED 04.10.2016 PASSED BY THE HONOURABLE SUPREME COURT OF INDIA IN CIVIL APPEAL NOS.10013-10014 OF 2016 (ARISING OUT OF SLP(C) NOS.33032- 33033 OF 2015) EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 12.10.2018 PASSED BY THE DIVISION BENCH IN W.P.(C) NO.13120 OF 2015 & CONNECTED CASES.
EXHIBIT P3 TRUE COPY OF ORDER DATED 01.04.2019 PASSED BY THE HONOURABLE SUPREME COURT OF INDIA IN SPECIAL LEAVE PETITION (CIVIL) DIARY NO.9610/2019 FILED AGAINST THE JUDGMENT DATED 12.10.2018 IN W.P.(C) NOS.602 & 13120 OF 2015 PASSED BY THIS HONOURABLE COURT.