Union Of India v. R.Shaju
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 ------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 6590/2015 of HIGH COURT OF KERALA DATED 03-03APPELLANTS/RESPONDENTS 1 & 2:-: --------------------------------------------------
1. UNION OF INDIA (UOI) REPRESENTED BY THE SECRETARY TO GOVT. OF INDIA MINISTRY OF LABOUR & DEPARTMENT OF EMPLOYMENT NEW DELHI - 110 001.
2. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO) BHAVISHYANIDHI BHAVAN, PATTOM PALACE THIRUVANANTHAPURAM, PIN - 695 004.
BY ADVS.SRI.N.N.SUGUNAPALAN (SR.) SMT.T.N.GIRIJA, SC,EPF ORGANISATION RESPONDENTS/PETITIONERS & RESPONDENT NO.3 TO 5:-: --------------------------------------------------
1. R.SHAJU TRISSUR REGIONAL OFFICE, KARTHIKA, MARAR ROAD TRISSUR - 1.
2. K.UNNIKRISHNA VARMA BANK ( KSCARD BANK) TRISSUR REGIONAL OFFICE, KARTHIKA, MARAR ROAD TRISSUR - 1.
3. V.R.RAJITH DEPUTY MANAGER TRISSUR REGIONAL OFFICE, KARTHIKA, MARAR ROAD TRISSUR - 1.
4. SEEMA NAMBIAR BANK ( KSCARD BANK) TRISSUR REGIONAL OFFICE, KARTHIKA, MARAR ROAD TRISSUR - 1.
5. V.SURESH KUMAR TRISSUR REGIONAL OFFICE, KARTHIKA, MARAR ROAD TRISSUR - 1.
6. LAVOSE V.V.
REGIONAL OFFICE, IDUKKI.
7. VIJAYAN B.NAIR REGIONAL MANAGER BANK ( KSCARD BANK) ERNAKULAM REGIONAL OFFICE, ERNAKULAM.
8. B.ANOOP THIRUVANANTHAPURAM HEAD OFFICE, THIRUVANANTHAPURAM.
9. SUMADEVI T.V.
BANK ( KSCARD BANK) ERNAKULAM REGIONAL OFFICE, ERNAKULAM.
10. PAUL CHACKO REGIONAL OFFICE, KANNUR.
11. O.RAMESAN ATTENDER REGIONAL OFFICE, IDUKKI.
12. JOSE PRATAP K.VICTOR REGIONAL OFFICE, KANNUR.
13. KRISHNANKUTTY P.A.
DEPUTY MANAGER/REGIONAL MANAGER IN CHARGE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURALDEVELOPMENT REGIONAL OFFICE, KALPETTA, WAYANAD DISTRICT.
14. RAJEEV C.G.
REGIONAL OFFICE, KALPETTA, WAYANAD DISTRICT.
15. JOHNSON T.J.
KERALA STATE CO-OPERATIVE AGRICULTURALAND RURAL DEVELOPMENT REGIONAL OFFICE, KALPETTA, WAYANAD DISTRICT.
16. SUBHASH M.M.
WAYANAD REGIONAL OFFICE, ARUN TOURIST HOME BUILDING KALPETTA, WAYANAD DISTRICT.
17. PRAKASH M.
KOZHIKODE REGIONAL OFFICE, "KAMAL"
KOZHIKODE - 673 001.
18. ANIL KUMAR M.P.
DEPUTY MANAGER REGIONAL OFFICE, KOZHIKODE.
19. LATHA C.K.
REGIONAL OFFICE, KOZHIKODE - 673 001.
20. N.RAJENDRA KURUP KERALA STATE CO-OPERATIVE AGRICULTURALAND RURAL DEVELOPMENT HEAD OFFICE, THIRUVANANTHAPURAM.
21. N.RAJENDRAN KURUP KERALA STATE CO-OPERATIVE AGRICULTURALAND RURAL DEVELOPMENT REGIONAL OFFICE, PALAKKAD.
22. M.JALEKSHMI KERALA STATE CO-OPERATIVE AGRICULTURALAND RURAL DEVELOPMENT REGIONAL OFFICE, PALAKKAD.
23. PREETHI K.P.
KERALA STATE CO-OPERATIVE AGRICULTURALAND RURAL DEVELOPMENT REGIONAL OFFICE, MARAR LANE, THRISSUR.
24. A.K.GEETHAMMA REGIONAL OFFICE, MARAR LANE, THRISSUR.
25. C.RAMADAS REGIONAL OFFICE, P.B.NO.32, KANHANGAD - 671 315.
26. K.V.BALAN ATTENDER KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK (KSCARD BANK) REGIONAL OFFICE, THRISSUR.
27. RENJITH A.M.
GUES ROOM KEEPER REGIONAL OFFICE, TRISSUR.
28. THOMSON JOSEPH REGIONAL OFFICE, ERNAKULAM.
29. T.P.MEHABOOB REGIONAL OFFICE, ERNAKULAM.
30. S.REMESAN REGIONAL OFFICE, PATHANAMTHITTA.
31. V.SASIDHARAN REGIONAL OFFICE, KOLLAM.
32. GEETHA RANI J.
REGIONAL OFFICE, KOLLAM.
33. I.RAMESH KUMAR REGIONAL OFFICE, KOLLAM.
34. S.L.BEENA REGIONAL OFFICE, KOLLAM.
35. C.CHANDRIKA DEPUTY MANAGER REGIONAL OFFICE, KOLLAM.
36. R.VIJAYAN REGIONAL MANAGER REGIONAL OFFICE, KOLLAM.
37. RAJARAM M.
INSPECTING WING (N2), KANNUR.
38. ELDO P.M.
DEPUTY MANAGER REGIONAL OFFICE, KASARAGOD.
39. GEORGE E.A.
REGIONAL OFFICE, KASARAGOD.
40. ANNIE SEBASTIAN KERALA STATE CO-OPERATIVE AGRICULTURALAND RURAL DEVELOPMENT REGIONAL OFFICE, ERNAKULAM.
41. KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK REPRESENTED BY GENERAL MANAGER IN CHARGE THIRUVANANTHAPURAM, PIN - 695 001.
42. KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK PROVIDENT FUND TRUST REPRESENTED BY MANAGING TRUSTEE, THIRUVANANTHAPURAM PIN - 695 001.
43. MANAGING COMMITTEE OF KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK REPRESENTED BY ITS PRESIDENT, THIRUVANANTHAPURAM PIN - 695 001.
R41-R43 BY ADV. SRI.GEORGE POONTHOTTAM,SC,KSCARD BANK SRI.P.N.MOHANAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: smv
K. SURENDRA MOHAN & SHAJI P. CHALY, JJ.
----------------------------------------------- W.A. No.2332 of 2015 ----------------------------------------------- Dated this the 16th day of November, 2015
JUDGMENT
Surendra Mohan, J.
The appellants challenge the judgment of the learned Single Judge dated 03.03.2015 in W.P.(C) No.6590 of 2015.
2. Respondents 1 to 40, employees of respondent No.41, 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 40 are the employees of respondent No.41. They 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,
W.A. No.2332 of 2015 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 40 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 the respondents 1 to 40 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
W.A. No.2332 of 2015 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. 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.
6. 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 //true copy// P.A. To Judge smv 18.11.2015