G.Karunakaran, v. Union Of India,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) Nos.17477, 17478, 17479 & 17480 of 2018 W.P.(MD) No.19700 of 2018:
G.Karunakaran ... Petitioner -vs1.Union of India rep.by Secretary to Government'
of India Ministry of Labour and Employment Shram Shakti Bhawan RafiMarg New Delhi-110 001 2.Central Provident Fund Commissioner Employees Provident Fund Organisation Ministry of Labour & Employment Govt.of India, Bhavishya Nidhi Bhawan 14, Bhikaji Cama Place New Delhi-110 066 3.Addl. Central Provident Fund Commissioner HQ (Pension) Employees Provident Fund Organisation Bhavishya Nidhi Bhawan+14 Bhikaji Cama Place, New Delhi-110 066
4.Regional Provident Fund Commissioner-I (Pension) Employees Provident Fund Organisation Bhavishya Nidhi Bhawan 14, Bhikaji Cama Place New Delhi-110 066 5.Addl. Central Provident Fund Commissioner Employees Provident Fund Organisation 37, Royapettah High Road Chennai-600 014 6.Regional Provident Fund Commissioner I Employees Provident Fund Organisation Post Box No.588, Shree Complex D Block 18, Madurai Road Thiruchirapalli 620 008 7.Tamil Nadu Newsprint and Papers Limited rep.by its Chairman 67, Mount Road, Guindy Chennai-600 032 8.The General Manager (HR) Tamil Nadu Newsprint and Papers Ltd., Kagithapuram-639 136 Karur District 9.TNPL Provident Fund Trust rep.by its Secretary Kagithapuram-639 136 Karur District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned letter issued by the fourth respondent in No:Pension/I/12/33/EPS Amendment/90Vol II, dated 31.05.2017 and quash the same and consequently, direct the respondents to grant pension on higher wages under EPS, 1995.
For Petitioner :
Mr.K.Kannan For Respondents :
Mr.H.Velavadhas Senior Panel Counsel for Central Government for R1 Mr.N.Dilip Kumar for R2 to R6 Mr.M.P.Senthil for R7 & R9 No appearance for R8 W.P.(MD) No.19701 of 2018:
R.Periyasamy ... Petitioner -vs1.Union of India rep.by Secretary to Government'
of India Ministry of Labour and Employment Shram Shakti Bhawan RafiMarg New Delhi-110 001
2.Central Provident Fund Commissioner Employees Provident Fund Organisation Ministry of Labour & Employment Govt.of India, Bhavishya Nidhi Bhawan 14, Bhikaji Cama Place New Delhi-110 066 3.Addl. Central Provident Fund Commissioner HQ (Pension) Employees Provident Fund Organisation Bhavishya Nidhi Bhawan+14 Bhikaji Cama Place New Delhi-110 066 4.Regional Provident Fund Commissioner-I (Pension) Employees Provident Fund Organisation Bhavishya Nidhi Bhawan 14, Bhikaji Cama Place New Delhi-110 066 5.Addl. Central Provident Fund Commissioner Employees Provident Fund Organisation 37, Royapettah High Road Chennai-600 014 6.Regional Provident Fund Commissioner I Employees Provident Fund Organisation Post Box No.588, Shree Complex D Block 18, Madurai Road Thiruchirapalli 620 008 7.Tamil Nadu Newsprint and Papers Limited rep.by its Chairman 67, Mount Road, Guindy Chennai-600 032
8.The General Manager (HR) Tamil Nadu Newsprint and Papers Ltd., Kagithapuram-639 136 Karur District 9.TNPL Provident Fund Trust rep.by its Secretary Kagithapuram-639 136 Karur District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned letter issued by the fourth respondent in No:Pension/I/12/33/EPS Amendment/96Vol II, dated 31.05.2017 and quash the same and consequently, direct the respondents to grant pension on higher wages under EPS, 1995.
For Petitioner :
Mr.K.Kannan For Respondents :
Mr.H.Velavadhas Senior Panel Counsel for Central Government for R1 Mr.N.Dilip Kumar for R2 to R6 Mr.M.P.Senthil for R7 & R9 No appearance for R8
C O M M O N O R D E R These writ petitions have been filed by the petitioners questioning the Circulars bearing Nos:Pension/I/12/33/EPS Amendment/90Vol II and Pension/I/12/33/EPS Amendment/96Vol II, both dated 31.05.2017, issued by the fourth respondent.
2. During the pendency of these writ petitions, much water has flown and the issue also came before the learned Division Bench of this Court in W.A.No.2621 of 2023 etc., batch as well as before the Honourable Apex Court in SLP(C) Nos.8658-8659 of 2019, wherein, the Honourable Apex Court by an order dated 04.11.2022, has issued certain guidelines. Further, the respondent - Organisation also passed individual orders in respect of the petitioners herein vide proceedings bearing No.CB/TRY/22238/TNPL/Gr-9/Validation/Para.11(3)-JO/Order/2023, dated 16.09.2023 and 08.09.2023 respectively and a copy of the same is also placed before this Court.
3. In the light of the above, even if the present writ petitions are decided on either way, the grievance of the petitioners cannot be redressed unless and until, they take appropriate steps to challenge the individual orders passed against them by the respondent - Organization.
4. In view of the above, these writ petitions are closed granting liberty to the petitioners to challenge the above individual orders passed against them by the respondent - Organisation as well as the impugned circulars dated 31.05.2017.
No costs.
Consequently, connected miscellaneous petitions are closed.
25.04.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
The Secretary to Government, Union of India.
Ministry of Labour and Employment, Shram Shakti Bhawan, RafiMarg, New Delhi-110 001.
MUMMINENI SUDHEER KUMAR, J.
krk and W.M.P.(MD) Nos.17477, 17478, 17479 & 17480 of 2018 25.04.2025