Union Of India v. N. Sasidharan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 WA.No. 1963 of 2015 () IN WP(C).21601/2014 -------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 21601/2014 of HIGH COURT OF KERALA DATED 27-10-2014 APPELLANTS/RESPONDENTS 1 TO 3:
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1. UNION OF INDIA (UOI) REPRESENTED BY THE SECRETARY TO GOVT. OF INDIA MINISTRY OF LABOUR & EMPLOYMENT DEPARTMENT OF EMPLOYMENT, NEW DELHI-110 001.
2. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO) MINISTRY OF LABOUR, GOVERNMENT OF INDIA, PATTOM THIRUVANANTHAPURAM, PIN-695 004.
3. PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO) BHAVISHANIDHI BHAVAN, KALOOR, ERNAKULAM PIN-682017.
BY ADVS.SRI.N.N.SUGUNAPALAN (SR.) SMT.T.N.GIRIJA, SC,EPF ORGANISATION RESPONDENT(S)/PETITIONERS AND 4TH RESPONDENT.: --------------------------------------------------
1. N. SASIDHARAN SHOWROOM MANAGER GRADE II KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD.NO.679 ALAPPUZHA, RESIDING AT MOOZHITHOTTATHU VEEDU ALAMCODE (VIA), THIRUVANANTHAPURAM-695 012.
2. KAIRALI S., UD TYPIST KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD.NO.679 ALAPPUZHA, RESIDING AT PLAVELA HOUSE, KARUNNILACODE EDAVA PO, VARKALA-695 311.
3. P.BABY WATCHMAN KERALA COIR MARKETING FEDERATION LTD.NO.679 ALAPPUZHA, RESIDING AT ANIZHAM, KURUMANDAL PARAVUR, KOLLAM.
4. BEENA R.
SHOWROOM MANAGER GRADE II KERALA COIR MARKETING FEDERATION LTD.NO.679 ALAPPUZHA, RESIDING AT KAVADIVILA (H), NEERAVIL PERINAD PO, KOLLAM.
5. K.VIJAYAMOHANAN SHOWROOM MANAGER GRADE II KERALA COIR MARKETING FEDERATION LTD.NO.679 MAVELIKKARA, ALAPPUZHA, RESIDING AT PUKAYILATHUNDIL KANDALLOOR SOUTH PO, (VIA) KAYAMKULAM.
6. KISHORE S.
SUPERVISOR KERALA COIR MARKETING FEDERATION LTD.NO.679 ALAPPUZHA, RESIDING AT SREEVILS, VADAKKAL PO ALLEPPEY-3.
7. V.ASOKAN CLEANER, KERALA COIR MARKETING FEDERATION LTD.NO.679 ALAPPUZHA, RESIDING AT A.R.NILAYAM, MUTHUKULAM NORTH ALAPPUZHA.
8. A.ARJUNANCHETTIAR, SENIOR ASSISTANT KERALA COIR MARKETING FEDERATION LTD.NO.679 ALAPPUZHA, RESIDING AT ARJUN NIVAS, YESORAM NAGAR EROOR SOUTH PO, THRIPPUNITHURA, ERNAKULAM.
9. AFASALUDDIN UD CLERK (RETIRED) KERALA COIR MARKETING FEDERATION LTD.NO.679 ALAPPUZHA, RESIDING AT PEROORKIZHAKKATHIL KAREELAKULANGARA PO, KAYAMKULAM, ALAPPUZHA.
10. MERCY LOUIS JUNIOR SUPERINTENDENT (RETIRED) KERALA COIR MARKETING FEDERATION LTD.NO.679 ALAPPUZHA, RESIDING AT CHERIYATHUNDATHIL ARATTUVAZY WARD, ALAPPUZHA-688 007.
11. T.R.VIJAYAKUMAR REGIONAL OFFICER IN CHARGE (RETIRED)KERALA COIR MARKETING FEDERATION LTD.NO.679 ALAPPUZHA, RESIDING AT MADATHIL HOUSE, UZHUA PATTANAKKAD PO, CHERTHALA, ALAPPUZHA-686 531.
12. V.THILAKARAJAN ATTENDER (RETIRED)KERALA COIR MARKETING FEDERATION LTD.NO.679 ALAPPUZHA, RESIDING AT APPAKKARAMPARAMBIL PUNNAPPRA PO, ALAPPUZHA-688 004.
13. MANAGING DIRECTOR, KERALA COIR MARKETING FEDERATION (COIRFED) P.B.NO.4616, ALAPPUZHA-688 012.
R1 TO 12 BY SRI.P.N.MOHANAN R13 BY SRI.JOBY CYRIAC, SC, COIRFED THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. SURENDRA MOHAN & SHAJI P. CHALY, JJ.
------------------------------- W.A. NO.1963 OF 2015 ---------------------------------- Dated this the 16th September, 2015.
JUDGMENT
Surendra Mohan, J.
The appellants challenge the judgment of the learned Single Judge dated 27.10.2014 in W.P.(C) No.21601 of 2014. 2.
Respondents 1 to 12, employees of the 13th respondent, had filed the Writ Petition seeking inter alia, a direction to the appellants to permit them to enjoy higher pensionary benefits as per the Employees Pension Scheme by computing pension contributions on the basis of their actual pay in excess of the ceiling limit and transferring contributions computed on the said basis to the Pension Fund. Respondents 1 to 12 being employees of the 13th respondent are covered
under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and the Employees Pension Scheme, 1995.
3.
At the time of promulgation of the Pension Scheme, there was a ceiling limit on the maximum pensionable salary, which was 6,500/- per month. Therefore, contributions ₹ towards the Pension fund were payable only on the said amount even in cases where the actual salary drawn by an employee was much higher. The said restriction has subsequently been removed.
4.
In the present case, it is admitted that contributions at the rate of 12% of the salary of the employees together with an equal contribution of the employer, have been remitted to the Employees Provident Fund Organisation. However, only contributions computed at the rate of 8.33% of the maximum salary of 6,500/- have been remitted to the Employees ₹ Pension Fund. The balance amount has been retained by the Employees Provident Fund Organisation. The above action
according to respondents 1 to 12 is not authorised by the Statute. The cut off date of 01.12.2004 stipulated for extending the benefits of removal of the ceiling limit on salary is also attacked as arbitrary. The learned Single Judge has found in favour of respondents 1 to 12 on all the points and has allowed the Writ Petition.
5.
Heard. The learned Single Judge has allowed the Writ Petition following the dictum of a Division Bench of this Court in another Writ Appeal. We notice that the issue has been conclusively decided by this Court in judgment dated 05.03.2013 in W.A.No.1137 of 2012, judgment dated 16.10.2014 in W.A.No.1442 of 2014 and judgment dated 07.01.2015 in W.A.No.1956 of 2014. A copy of judgment dated 06.08.2015 in W.A.No.1587 of 2015 has also been placed before us. It is also pointed out that the issue is pending consideration of the Apex Court in S.L.P Nos.16867 of 2013 and 7075 of 2014 besides, other connected cases at the instance of the appellants herein.
In view of the binding precedents of this Court on the point, we find no infirmity in the judgment appealed against. We note that the learned Single Judge has taken care to make his orders and directions subject to the decision of the Apex Court in the matter. Therefore, no further directions are necessary to be issued in the said regard also. In view of the above, this Writ Appeal is dismissed. Sd/- K. SURENDRA MOHAN Judge Sd/- SHAJI P.CHALY Judge jj /True copy/