Central Provident Fund Commissioner vs Riyaz Ahmed S/O Chandsab Annigeri
2023 Latest Caselaw 9498 Kant

Karnataka High Court

Central Provident Fund Commissioner vs Riyaz Ahmed S/O Chandsab Annigeri on 6 December, 2023

Author: S.Sunil Dutt Yadav

Bench: S.Sunil Dutt Yadav

                                                   -1-
                                                   NC: 2023:KHC-D:14306-DB
                                                          WA No. 100089 of 2020




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                              DATED THIS THE 6TH DAY OF DECEMBER, 2023
                                                PRESENT
                             THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
                                                  AND
                              THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                                 WRIT APPEAL NO. 100089 OF 2020 (S-R)

                      BETWEEN:
                      1.   CENTRAL PROVIDENT FUND COMMISSIONER
                           (PENSION, EMPLOYEOMENT PF ORGANISATION
                           BHAVISYA NIDHI BHAQVAN,
                           14, BHIKAJI KAMA PLACE,
                           NEW DELHI-110066.

                      2.   ADDITIONAL CENTRAL PROVIDENT FUND
                           COMMISSINER (PENSION),
                           EMPLOYMENT PF ORGANISATION,
                           BHAVISYA NIDHI BHAVAN,
                           14, BHIKAJI KAMA PLACE,
                           NEW DELHI-110066.

                      3.   REGIONAL P F COMMISSIONER
                           RAJARAM MOHANRAI ROAD,
SHIVAKUMAR
HIREMATH                   RICHMOND CIRCLE,
Digitally signed by
                           BENGALURU.
SHIVAKUMAR
HIREMATH
Date: 2023.12.11
16:47:05 +0530
                      4.   REGIONAL P F COMMISSINER
                           (PENSION), HUBBALLI ZONE,
                           BEHIND IT OFFICE,RAYAPUR,
                           HUBBALLI.
                                                                    ...PETITIONERS
                      (BY SRI. P V GUNJAL, ADVOCATE)

                      AND:

                      1.   RIYAZ AHMED S/O CHANDSAB ANNIGERI
                           OCCUPATION:RETIRED,
                           R/O 70/30, NAYA AYODHYA NAGAR
                             -2-
                            NC: 2023:KHC-D:14306-DB
                                     WA No. 100089 of 2020




     1ST CROSS, NEAR WATER TANK
     OLD HUBBALLI, HUBBALLI
     PPO NO.GB/HBL/73723580024

2.   PURUSHOTTAM BASAVA NAIK
     OCCUPATION:RETIRED
     R/O AT AROLLI(MURKATTI)
     POST:MUGWA 581 334 TQ:HONNAVAR,
     UTTAR KANNADA
     PPO NO.GB/HBL/00075249581334

3.   BASAVARAJ S/O GURUNATH PATIL
     OCCUPATION:RETIRED R/O SECTOR 52,
     PLOT NO.45E, NAVANAGAR,
     BAGALKOT-580712
     PPO NO.GB/RCH/0004410158712
     BAGALKOT

4.   SHANKRAPPA KALLAPPA PATTAR
     AGED ABOUT 68 YEARS,
     RETIRED R/O H.NO. 102, DRUVA APARTMENT
     VIDYANAGAR, 1ST FLOOR,
     HUBBALLI-580031
     PPO NO.GB/HBL/73724580031
     DHARWAD

5.   LAXMAN S/O KRISHNA BELLATI
     AGED ABOUT 63 YEARS, RETIRED
     R/O H.NO. 3, 3RD MAIN ROAD
     PRIYADARSHINI COLONY,
     GOKUL ROAD, HUBBALLI
     PPO NO.BG/HBL/77895580030
     DHARWAD

6.   YELLAPPA S/O RUDRAPPA MADAWAL
     AGED ABOUT 71 YEARS, RETIRED
     R/O ROOM NO.212, DURG VILAS,
     MULGUND NAKA, GADAG
     PPO NO.GB/HBL/68832
     GADAG
                             -3-
                            NC: 2023:KHC-D:14306-DB
                                     WA No. 100089 of 2020




7.   RASULSAB S/O KARIMSAB TAHSILDAR
     AGED ABOUT 65 YEARS, RETIRED,
     R/O MIG-1-329, KHB COLONY, GADAG
     PPO NO.GB/HBL/71538, GADAG

8.   RUDRAPPA S/O GOLAPPA GIDAKANCHANNAVAR
     AGED ABOUT 66 YEARS, RETIRED,
     R/O: VAKALGERI ONI,
     RODUTESHWAR NAGAR,
     GADAG
     PPO NO.GB/HBL/43061,GADAG

9.   SHIVAPPA S/O BASAPPA SHIVALLI
     AGED ABOUT 65 YEARS, RETIRED,
     R/O NANDISHWAR NAGAR,
     1ST CROSS, KALSAPUR ROAD
     PPO NO.GB/HBL/71501 OTHERS

10. GURURAJ S/O PRALHADCHAR TADAS
    AGED ABOUT 65 YEARS, RETIRED,
    R/O H.NO.8, SHRIKRUPA NILAYA,
    3RD CROSS, NEHRUNAGAR,
    HUBBALLI-580 030
    PPO NO.GB/HBL/72750580030
    DHARWAD

11. GURURAJ S/O KRISHNACHARYA KATGERI
    AGED ABOUT 67 YEARS, RETIRED,
    R/O H.NO.14, LAXMINAGARYANAGAR,
    NEAR FLOW SERVE MICRO FINISH
    INDUSTRIES, GOKUL ROAD,
    PPO NO.GB/HBL/73236 DHARWAD

12. NARAYANSA S/O YUELLAPA PAWAR
    AGED ABOUT 66 YEARS, RETIRED,
    R/O BEHIND NEW BUSTAND,
    GOKUL ROAD, HUBBALLI-580 030
    PPO NO.GB/HBL/73944

13. GURURAJ S/O VENKATRAO KULKARNI
                            -4-
                           NC: 2023:KHC-D:14306-DB
                                    WA No. 100089 of 2020




    AGED ABOUT 63 YEARS, RETIRED,
    R/O H.NO.23, 5TH MAIN ROAD,
    CHAITANYA NAGAR, AKSHAY PARK
    GOKUL ROAD, HUBBALLI-580 030
    PPO NO.GB/HBL/73230

14. BASAPPA S/O SHARANAPPA MUDGAL
    AGED ABOUT RETIRED,
    R/O AT POST KOTABAL
    TQ:RON, DIST:GADAG
    PPO NO.GB/HBL/78595 GADAG

15. PRABHU S/O SOMANAGOUDA PATIL
    AGED ABOUT 60 YEARS, SERVICE,
    C/O DILIPKUMAR S/O LAXMANRAO GADAGKAR
    R/O LIG 123, KHB COLONY,
    NAVANAGAR, HUBBALLI-580 025
    PPO NO.GB/HBL/79688 DHARWAD

16. DILIPKUMAR S/O LAXMANRAO GADAGKAR
    AGED ABOUT 63 YEARS, RETIRED
    R/O LIG 123, KHB COLONY,
    NAVANAGAR, HUBBALLI
    PPO NO.GB/HBL/78824580025 DHARWAD

17. IBRAHIMKHAN S/O MOHAMMEDKHAN JAHAGIRDAR
    AGED ABOUT 68 YEARS, RETIRED
    BAND POST:SALKINKOPPA-580 118
    TQ and DIST:DHARWAD
    PPO NO.GB/HBL/55684 DHARWAD

18. ABDUL LATIF KHAN
    S/O ABDUL KAREEM KHAN JAHAGIRDAR
    AGED ABOUT 67 YEARS, RETIRED
    R/O BAND, POST:SALKINKOPPA,
    TQ and DIST:DHARWAD-580 118
    PPO NO.GB/HBL/55286

19. VIJAYSHEKHAR S/O GYANASUNDARAM MUDALIAR
    AGED ABOUT 65 YEARS, RETIRED
    DURGA NAGAR, HALIYAL, UTTAR KANNADA
                            -5-
                           NC: 2023:KHC-D:14306-DB
                                     WA No. 100089 of 2020




    PPO NO.GB/HBL/67111 KARWAR

20. VENKATESH S CHITENGI
    AGED ABOUT 64 YEARS, RETIRED
    PLOT NO.48, SHRIYA NAGAR,
    NEAR TATWADARSHI HOSPITAL
    GOKUL ROAD, HUBBALLI-580 030
    PPO NO.GB/HBL/71662 DHARWAD

21. MOHAMMEDSAHEB S/O
    MAKTUMSAB DODWAD
    AGED ABOUT 75 YEARS, RETIRED
    R/O BUS STAND ROAD, HALIYAL
    PPO NO.GB/HBL/24001 KARWAR

22. BACARAJ S/O SIDDAPPA KAMMAR
    AGED ABOUT 62 YEARS, RETIRED
    R/O GRAMDEVIGALLI, HALIYAL
    UTTARA KANNDA
    PPO NO.GB/HBL/00078132 KARWAD

23. VEERAPPA S/O NAGAPPA BADSHETTY
    AGED ABOUT 62 YEARS, RETIRED
    R/O BETGERIGALLI, HEBBALLI AGASI
    DHARWAD-580 008
    PPO NO.GB/HBL/00078375 DHARWAD

24. LAXMAN S/O SHIVA KERKAR
    AGED ABOUT 66 YEARS, RETIRED
    R/O BHAJANATARIGALLI, HALIYAL
    PPO NO. GB/HBL/00064510 KARWAD

25. IMAMSAB S/O FAKRUSAB SHANWAD
    AGED ABOUT 64 YEARS, RETIRED
    KHB COLONY, HALIYAL UTTARA KANNADA
    PPO NO. GB/HBL/00066836 KARWAR

26. SANJEEVAN S/O SALU D SOUZA
    GAED ABOUT 62 YEARS,
    OCCUPATION:RETIRED
    R/O JEEVANGALLI, HALIYAL
    PPO NO. GB/HBL/00077033 KARWAR
                            -6-
                           NC: 2023:KHC-D:14306-DB
                                     WA No. 100089 of 2020




27. BASAVANTAPPA S/O BASAPPA GANIGER
    AGED ABOUT 65 YEARS, RETIRED
    AT POST BELUR 587114
    TAL: BADAMI, DIST: BAGALKOT
    PPO NO. GB/HBL/000587114 KARWAR

28. JOHN S/O PLARSHAL PEREIRA
    AGED ABOUT 66 YEARS, RETIRED
    R/O JANAT COLONY, BAILPAR,
    DANDELI,
    PPO NO. GB/HBL/00064539 KARWAR

29. SHRISHAIL YALLAPPA MABURKAR
    AGED ABOUT 62 YEARS, RETIRED
    R/O PLOT NO 7 NEAR DEGREE
    COLLEGE, HAVAGI, HALIYAL
    PPO NO. GB/HBL/00076467 KARWAR

30. THE KARNATAKA STATE ROAD
    TRANSPORT CORPORATION,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    KSRTC CENTRAL OFFICES,
    SARIGE BHAVAN SHANTINAGAR,
    BENGALURU-560027.

31. THE CHAIRMAN/MANAGING DIRECTOR
    KSRTC EPF TRUST,
    KSRTC CENTRAL OFFICES,
    SARIGE BHAVAN, SHANTINAGAR,
    BENGALURU-560027.

32. NORTH WEST KARNATAKA ROAD
    TRANSPORT CORPORATION,
    REPRESENTED BY ITS
    MANAGING DIRECTOR,
    CENTRAL OFFICES, GOKUL ROAD,
    HUBBALLI-580030,
    DIST: DHARWAD.
                             -7-
                            NC: 2023:KHC-D:14306-DB
                                     WA No. 100089 of 2020




33. NORTH EAST KARNATAKA ROAD
    TRANSPORT CORPORATION,
    REP. BY ITS MANAGING DIRECTOR,
    CENTRAL OFFICES, SARIGE SADAN,
    MAIN ROAD, KALABURAGI.

34. BENGALURU MAHANAGAR
    TRANSPORT CORPORATION,
    REP BY ITS MANAGING DIRECTOR,
    SHANTINAGAR, BENGALURU-560027.

35. UNION OF INDIA
    REP. BY SEC. DEPARTMENT OF LABOUR
    AND EMPLOYMENHT,
    GOVERNMENT OF INDIA,
    SHRAMASHAKTI BHAVAN,
    RAFIQ MARG, NEW DELHI-110001.
                                             ...RESPONDENTS

(R35 DELETED VIDE ORDER DATED 03.07.2023)


     THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HONBLE COURT TO SET ASIDE
THE IMPUGNED JUDGMENT DT. 18TH OCT 2019, PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HON BLE COURT IN WP 109451 TO
109479/2018.


     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, S.SUNIL

DUTT YADAV, J., DELIVERED THE FOLLOWING:


                       JUDGMENT

Counsel for the appellant has filed a memo, which

reads as hereunder:

NC: 2023:KHC-D:14306-DB

"MEMO for Disposal

"The Appellants above named submits that the issue for consideration in this Appeal - payment of pension on the basis of contributions made on actual wages - was considered by the Hon'ble Supreme Court in EPF Organisation and another vs Sunilkumar B and others.

Disposing of a series of connected Civil Appeals, on 4th Nov 2022, certain directions have been issued to the rival parties according to which all the eligible Respondents shall exercise their options under Para 11(3) of the Pension Scheme, 1995 within the stipulated time and the Appellant - EPF Organisation shall consider the same and transfer the fund from the corpus of the Provident Fund to that of the Pension Fund so as to enable the Pension Fund to pay higher pensions to such pensioners.

Following the said Judgment, WA 51/2021 and WA 100642/2019 have been disposed of by the Principal Bench and this Bench, respectively.

Accordingly these Appeals also be so disposed of giving liberty to the eligible Respondents to exercise such option so as to enable the Appellant to take appropriate action.

It is accordingly prayed."

2. Learned counsel for the appellant submits that

in light of the judgment of the Apex Court in the case of

NC: 2023:KHC-D:14306-DB

Employees Provident Fund Organization and another

Vs. Sunil Kumar b. and others1, the employees have

been conferred right to exercise their option within

stipulated time, which has been extended. Accordingly, it

is submitted that the appeal may be disposed of reserving

liberty to the employees to exercise the said option as

referred above, upon which, the appellants would take

appropriate action.

3. In light of the submission made by the counsel

for the appellants and in light of the statement that the

time for exercising option is still open, matter is disposed

of without further adjudication as it would not prejudice

the interest of the employees as the employees would be

benefitted in terms of the direction of the Apex Court by

exercising option within an extended time. Accordingly,

taking note of the memo, appeal is disposed of in terms of

the direction of the Apex Court.

2022 SCC OnLIne SC 1521

- 10 -

NC: 2023:KHC-D:14306-DB

4. In view of the disposal of the appeal, pending

interlocutory applications, if any, stand disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

SVH