Food Corporation Of India v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date: 27.04.2019

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.33999 of 2017 and W.M.P.Nos.37711 & 37712 of 2017 Food Corporation of IndiaRetired Employees Welfare AssociationAdambakkam (Regd.No.308/2011/TN) Rep by President Mr.P.Balasubramaniam No.16, 3rd Main Road, Officers Colony, Adambakkam, Chennai - 600 088.

... Petitioner

Versus

1 Union of India Rep. by Secretary to Government of India, Ministry of Labour and Employment, New Delhi-110 001.

2 Regional Provident Fund Commissioner-I (Pension) Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Place, New Delhi-110 066.

3 Addl. Central Provident Fund Commr. HQ(Pension), Employees Provident Fund Organisation, Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Place, New Delhi-110 066.

4 Regional Provident Fund Commissioner, Employees Provident Fund Organization, Employees Provident Fund Commissioner (EPFO), No.37, Royapettah High Road, Chennai-600 014, Tamil Nadu.

5 Chairman (CPF Trust)/ Chairman and Managing Director, NO.16-20, Barakhamba Lane,

6 The Executive Director (CPF), 16-20, Barakhamba Lane, 7 The Executive Director (South), South Zone, No.3, Haddows Road, Chennai 600 006.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned letter issued by the second respondent in No. Pension-I/ 12/33/EPS Amendment/96 Vol-II dated 31.05.2017 and quash the same and direct the respondents to grant pensionary benefits along with all consequential benefits and interest under EPS, 1995.

For Petitioner : Mr.K.Manikandan For Respondents: Mr.A.Murugan, CGC for R1 : Mr.T.R.Sundaram for RR2 to 4 : Mr.S.Vijayakumar for RR5 to 7

O R D E R

In a batch of Writ Petitions, similar to the present Writ Petition, in W.P.No.14368 of 2018, etc., this Court passed detailed directions in para 48 and allowed all the Writ Petitions in para 49, which are extracted as under: "48.

In above mentioned circumstances, this Court consider the following directions as expedient to resolve the issues as projected in the Writ Petitions.

i) Both the employees of the exempted and unexempted establishments are entitled to the benefit of enhanced pension on the basis of their contribution with reference to actual salary received by them to their Provident Fund accounts;

ii)The cut off date as prescribed i.e. 01.12.2004 is invalid in law

and therefore, the same is held to be illegal and invalid;

iii)The employees, namely, the writ petitioners shall be permitted to exercise their option in terms of Proviso to Clause 11(3) of the Pension Scheme and while permitting so, the EPFO is at liberty to seek return of the higher Provident Fund contribution received by respective employees with simple interest at the rate of 6% p.a. from the date of receipt of Provident Fund amount and till the date of payment;

iv)The amounts to be refunded by the employees concerned shall be verified by EPFO in consultation with the respective establishments in which the employees were employed;

v) On refund of the verified amount with interest, the EPFO shall calculate and grant enhanced pension on the basis of actual salaries received by the employees with arrears of pension from the date of their retirement and continue to pay their monthly enhanced pension through out their life time;

vi)In case where the refund of the amount by any employee with interest is higher than the enhanced pension with arrears payable to him, the refund shall be insisted upon and in case where the refund, after calculation, is lower than the arrears of pension payable to the employee, the same shall be adjusted while disbursing

the arrears to the employees concerned;

vii) The respective Managements of the exempted establishments which maintained the Private Trust are directed to cooperate with the EPFO and render all assistance in quantifying the amount to be refunded by respective employees with interest at 6% p.a.on such refund;

viii) The entire exercise shall be initiated and completed by the individual Managements and the EPFO within a period of six months from the date of receipt of a copy of the order.

49. In the result, all the Writ Petitions are allowed on the above terms. The orders of rejection which are impugned in the respective Writ Petitions, are hereby quasahed and as regards the Writ Petitions pertaining to the grant of Writ of Mandamus to the authorities for grant of enhanced pension are concerned, the same are allowed as indicated above. No costs. Consequently, all connected WMPs are closed.

2. The reasons and the findings in their entirety as rendered in the batch of Writ Petitions are to be read as part and parcel of the present Writ Petition as well.

3. In the light of the above, this Court is of the view that the above directions and observation will hold good for the present Writ Petition also. Accordingly, the Writ Petition is allowed on the terms as mentioned above. Consequently, connected WMPs are closed. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar gsk

TO 1 The Secretary to Government of India, Ministry of Labour and Employment, New Delhi-110 001.

2 Regional Provident Fund Commissioner-I (Pension) Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Place, New Delhi-110 066.

3 Addl. Central Provident Fund Commr. HQ(Pension), Employees Provident Fund Organisation, Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Place, New Delhi-110 066.

4 Regional Provident Fund Commissioner, Employees Provident Fund Organization, Employees Provident Fund Commissioner (EPFO), No.37, Royapettah High Road, Chennai-600 014, Tamil Nadu.

5 Chairman (CPF Trust)/ Chairman and Managing Director, NO.16-20, Barakhamba Lane, 6 The Executive Director (CPF), 16-20, Barakhamba Lane, 7 The Executive Director (South), South Zone, No.3, Haddows Road, Chennai 600 006.

+4cc to Mr.k.Manikandan, Advocate SR 40931 & 39611 +1cc to Mr.T.R.Sundaram, Advocate SR 46992 W.P.No.33999 of 2017 gsk (20.05.2019)