Union Of India v. V.Vijayaraghavan
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 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937 WA.No. 2501 of 2015 () IN WP(C).24340/2014 -------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 24340/2014 of HIGH COURT OF KERALA DATED 27-10-2014.
APPELLANTS/RESPONDENTS 1 TO 4:
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1. UNION OF INDIA (UOI) RERPESENTED BY THE SECRETARY TO GOVT. OF INDIA MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT NEW DELHI-110 001
2. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO) BHAVISHYANIDHI BHAVAN, KANNUR-670 001
3. ASSISTANT PROVIDENT FUND COMMISSIONER SUB-REGIONAL OFFICE EMPLOYEES PROVIDENT FUND ORGANIZATION(EPFO) BHAVISHYANIDHI BHAVAN, KANNUR-670 001
4. ASSISTANT PROVIDENT FUND COMMISSIONER SUB REGIONAL OFFICE EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO) KOZHIKODE-673 006 BY ADVS.SRI.N.N.SUGUNAPALAN (SR.) SMT.T.N.GIRIJA, SC,EPF ORGANISATION RESPONDENTS/PETITIONERS AND 5TH RESPONDENT:
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1. V.VIJAYARAGHAVAN VADAKECHALLA HOUSE, GOVINDAPURAM POST, PALAKKAD DISTRICT-678 507
2. E.V. UNNIKRISHNAN, THIRUVAMNADI VARIUM, KAPPIL PO, WANDOOR MALAPPURAM DISTRICT-679328
WA.No. 2501 of 2015
3. M. PAZHANAN THOTTAPPURA HOUSE, AKATHETHARA PO PALAKKAD DIST. 678 001
4. K. RAMAKRISHNAN LEKSHMI KRISHNA, THOTTAKKARA HOUSE, OTTAPPALAM PALAKKAD DIST.679 101
5. L. KRISHNAN KRISHNA, MANIYAMKAD, PUTHUR PO PALAKKAD DIST.-678 501
6. T.U. CHANDRAN, THOTTIKUZHI HOUSE, METHALA PO, KURUPPAMPADI (VIA) ERNAKULAM-683 545
7. MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS' UNION LTD REPRESENTED BY ITS MANAGING DIRECTOR, PERINGALAM PO KUNNAMANAGALAM, KOZHIKODE-673 571 BY SMT. LATHA KRISHNAN BY SRI. P.N.MOHANAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: smv
K. SURENDRA MOHAN & SHAJI P. CHALY, JJ.
----------------------------------------------- W.A. No.2501 of2015 ----------------------------------------------- Dated this the 30th day of November, 2015
JUDGMENT
Surendra Mohan,J.
The appellants challenge the judgment of the learned Single Judge dated 27.10.2014 in W.P.(C) No.24340 of 2014.
2. Respondents 1 to 6, employees of respondent No.7, 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 6 are the employees of respondent No.7. 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,
W.A. No.2501 of 2015 there was a ceiling limit on the maximum pensionable salary, which was Rs.6500/- 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 Rs.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 6 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 6 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
W.A. No.2501 of 2015 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.
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 03.12.2015