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Kerala High Court
Sankaran Nair.P vs Union Of India on 21 May, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) No.25903/2020 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
WP(C) NO. 25903 OF 2020(K)
PETITIONER:
SANKARAN NAIR.P, VINAYAKAMTHOPPIL, THRIKKAKKARA P.O., ERNAKULAM-682
021, P.P.O.NO.KR/KCH/00097405, UAN NO.100335470259.
RESPONDENTS:
1. UNION OF INDIA (UOI), REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
INDIA, MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT, NEW
DELHI-110 001.
2. REGIONAL PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE, EMPLOYEES
PROVIDENT FUND ORGANISATION (EPFO), BHAVISHANIDHI BHAVAN, KALOOR,
ERNAKULAM-682 017.
3. EMPLOYEES PROVIDENT FUND TRUSTEE, REPRESENTED BY MANAGING TRUSTEE,
EMPLOYEES PROVIDENT FUND OFFICE, BHAVISHYA NIDHI BHAVAN, WAZIRPUR,
NEW DELHI-110 052.
4. REGIONAL PROVIDENT FUND COMMISSIONER-1 (PENSION), BHAVISHYA NITHI
BHAVAN, 14-BHIKAJI CAMA PALACE, NEW DELHI-110 066.
5. TECHNI BHARATHI PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR,
34/136A, BY-PASS ROAD, EDAPPALLY, KOCHIN-24, PIN-682 024.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue a direction, to the second respondent to collect pension
contribution towards the E.P.F. Pension Scheme of the petitioner on the
basis of actual salary drawn by him in the light of Exhibit P12 Judgment
and to revise the pension from the date of joining the scheme, pending
disposal of the writ petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. P.N.MOHANAN, AMRUTHA SURESH, C.P.SABARI, Advocates for the
petitioners, DEPUTY SOLICITOR GENERAL OF INDIA for the 1st respondent
(B/o.) and of SRI.SAJEEV KUMAR K.GOPAL, STANDING COUNSEL for the
respondents 2 to 4, the court passed the following:
P.T.O
WP(C) No.25903/2020 2/3
DINESH KUMAR SINGH, J.
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W.P (C.) No.25903 of 2020
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Dated this the 21st day of May, 2024
ORDER
Sri.Sajeev Kumar K.Gopal, learned Standing Counsel appearing for respondents 2 to 4 submits that he has to ascertain whether this petition is covered by the judgment of the Supreme Court in the case of Employees' Provident Fund Organisation and another v. Sunil Kumar B and others [ 2022 (7) KHC 12] and seeks time to file an affidavit.
Post on 06.06.2024.
Sd/-
DINESH KUMAR SINGH JUDGE AP 21-05-2024 /True Copy/ Assistant Registrar WP(C) No.25903/2020 3/3 APPENDIX OF WP(C) 25903/2020 EXHIBIT P12 A TRUE COPY OF THE JUDGMENT REPORTED IN ILR 2019 (1) KER 614.
21-05-2024 /True Copy/ Assistant Registrar