Krishnankutty T.P vs Union Of India
2023 Latest Caselaw 4419 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
         Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
                           WP(C) NO. 13491 OF 2023
PETITIONERS:

  1. KRISHNANKUTTY T.P, AGED 58 YEARS, S/O AYYAPPAN REGIONAL MANAGER
     (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
     HARITHAM, KANNADI P O, PALAKKAD -678701 UAN NO.100196084525
  2. AKSHMANDAS P.G, AGED 60 YEARS, S/O GOPALAKRISHNAN L HELPER
     (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
     KRISHNASRAMAM, POOJA NAGAR, LANE NO.4 PUTHOOR P O, PALAKKAD-691507
     UAN NO.100205767624
  3. ARUN K M, AGED 59 YEARS, S/O K V MOHANDAS REGIONAL MANAGER
     (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
     KOLOTHUMKATTIL HOUSE, CHETTIPARAMBU, IRINGALAKUDA P O,
     THRISSUR-680121 UAN NO.100090460263
  4. ABDURAHIM P.V, AGED 58 YEARS, S/O HAMZA U D CLERK (RETIRED), KERALA
     STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT CHERUVALAPPIL
     HOUSE, MARAVANCHERY P O KADENCHERY, MALAPPURAM- 679582 UAN
     NO.100072299159
  5. P G GEETHA, AGED 59 YEARS, D/O P. GOPINATHAN REGIONAL MANAGER
     (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
     VAIKKATTIL HOUSE, PUTHUR P O, THRISSUR-680014 UAN NO.100152680163
  6. RAMADEVI SUNDARESAN, AGED 60 YEARS, D/O V G VASUDEVAN TYPIST GRADE
     - I (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING
     AT MULLACKAL HOUSE, KOORKENCHERY P O MANA LANE, THRISSUR-680007 UAN
     NO.100312592356
  7. SHAJI VR , AGED 59 YEARS , S/O V G RAJAN REGIONAL MANAGER (RETIRED),
     KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
     VALAPPARAMBIL HOUSE, KUTTUR P O, THRISSUR-
  8. SAJEEV R, AGED 58 YEARS, S/O RAMAKRISHNAN K R ASSISTANT GRADE-1
     (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
     KURUMBAM KANDATH HOUSE, ETTUMANA P O KARUVANOOR, THRISSUR -680711
     UAN 100328173121
  9. MANZOOR PUTHIYAVEETTIL, AGED 59 YEARS, S/O SAIDHU MOHAMMED SENIOR
     ASSISTANT (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD(M&M)
     RESIDING AT PUTHIYAVEETIL HOUSE, OLLUKKARA P O KALATHODE, THRISSUR
     -680655 UAN 100222691837
 10. SASIDHARAN P N, AGED 60 YEARS, S/O P M NARAYANAN REGIONAL MANAGER
     (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
     PULIPARAMBIL HOUSE, KANNAMKULANGARA P O THRISSUR -680007 UAN
     100339948390
 11. SASI M K , AGED 58 YEARS , S/O KRISHNANKUTTY OFFICE ATTENDANT
     (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
     MUTHUPARAMBIL HOUSE, VETTUKADE P O THRISSUR - 680014 P F NO.
     KR/TVM/00104160000000189
 12. SATHEESAN, AGED 59 YEARS, S/O KANNAN P P REGIONAL MANAGER
     (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
     SOUPARNIKA, PALLIKUNNU P O, KANNUR-670004 UAN 100340366088
13. SANKARAN K K, AGED 60 YEARS, S/O KUNHIKUTTY K K MANAGER (RETIRED),
    KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT KAILAS,
    PUTHUR P O, VATAKARA-673104 UAN 100335469291
14. JAYACHANDRAN V C , AGED 60 YEARS , S/O CHANRDAN ASSISTANT
    GRADE-1(RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M)
    RESIDING AT VAIKKATIL HOUSE , ERAVIMANGALAM P O THRISSUR-680751 UAN
    100173812083
15. SUDHA K, AGED 66 YEARS, D/O KUNJIRAMAN HELPER (RETIRED), KERALA
    STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT SUDHALAYAM,
    PALLIKUNNU P O, KANNUR -670004 UAN 100365456721
16. V K RATHEESHBABU, AGED 59 YEARS, S/O LATE K KRISHNAN REGIONAL
    MANAGER (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M)
    RESIDING AT KOOKKIRI HOUSE, KIZHUNNA P O, KANNUR- 670007 UAN
    100309141693
17. JAYARAJAN K V, AGED 59 YEARS, S/O K.T KUNJIYAPPAN U D CLERK
    (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
    NARAYANEEYAM, NIDUVALLOOR, CHUZHALI P O, THALIPARAMBA, KANNUR-
    670142 UAN 100174500272
18. M BABU, AGED 59 YEARS, S/O GOPALAN N REGIONAL MANAGER (RETIRED),
    KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT KOOTHATE
    HOUSE, PATTUVAM P O THALIPARAMBA , KANNUR- 670143 UAN 100104491031,
19. PREMKUMAR I G, AGED 60 YEARS, S/O A GOVINDAKURUP OFFICE ATTENDANT
    (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
    REVEENDRA NIVAS, HOUSE NO.X/731, POOKUNNATH ROAD, MYLATTY P O,
    KASARAGOD-671319 UAN 100280837445
20. SUJATHA R, AGED 60 YEARS, D/O KARUMBAN REGIONAL MANAGER (RETIRED),
    KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT SARAS,
    PEROOR, T K MC P O, KOLLAM-691005 UAN 100366875076
21. SEENATHU BEEGUM, AGED 65 YEARS, D/O ABDUL KAREEM ASSISTANT MANAGER
    (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
    NISE, PARASUVAKKAL P O, PARASALA-695508 UAN 100343549248
22. M V SURENDRAN , AGED 62 YEARS, S/O MANIYAN P K OFFICE ATTENDANT
    (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
    SURYA BHAVAN, VARANAM P O, CHERTHALA, ALAPPUZHA- 688555 UAN
    100373400214
23. R ASOKAN, AGED 63 YEARS , S/O REGHUVARAN OFFICE ATTENDANT (RETIRED),
    KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT SINDHU
    BHAVAN , NETTAYAM P O, THIRUVANANTHAPURAM-695013 UAN 100095463506
24. P BALAKRISHNAN NAIR, AGED 60 YEARS , S/O PARAMESWARAN NAIR OFFICE
    ATTENDANT (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M)
    RESIDING AT MATTATHIL HOUSE, CHENGALAM SOUTH P O, KOTTAYAM-686022
    UAN 100106042666,
25. T VIJAYAKUMAR, AGED 63 YEARS, S/O K THANKAPPAN NAIR OFFICE
    ATTENDANT (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M)
    RESIDING AT SIVA BHAVAN, T C.25/857, NEW T C 81/2642, THYCAUD P O,
    THIRUVANANTHAPURAM -695014 UAN 100404774681
26. SHAJAN MOHAMMED, AGED 64 YEARS, S/O MALAKKAR RAWTHER OFFICE
    ATTENDANT (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M)
    RESIDING AT SHEMIN MANZIL, NADUKKUNNU, PATHANAPURAM P O KOLLAM
     -689695 UAN 100346296401
27. MAYOORANADHAN PV, AGED 62 YEARS, S/O VASUDEVAN NAIR LABELLING
    WORKER (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M)
    RESIDING AT AZAKATHU, KRN-10, KALLUMTHAZHAM P O, KOLLAM -691004 UAN
    100224473361
28. ANIL SINGH T S, AGED 59 YEARS, S/O SADASIVAN T M SENOR ASSISTANT
    (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
    MADHAVALAYAM, NEENDOOR P O, KOTTAYAM-686601 UAN 100084999160
29. ASOKAN D , AGED 61 YEARS, S/O DIVAKARAN A OFFICE ATTENDANT
    (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
    MUDIYILAZHIKATHU, KZHAM KULAM, NEDUMON P O, PATHANAMTHITTA -691556
    UAN 100095460578
30. K P SURESHKUMAR, AGED 58 YEARS, S/O K PRABHAKARAN SENOR ASSISTANT
    (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
    THAMARASSERRY MANA, SANATHANAPURAM P O, KALARCODE, ALAPPUZHA -688003
    UAN 100374859817
31. USHA D. AGED 59 YEARS . D/O DIVAKARAN K TYPIST GRADE 1 (RETIRED),
    KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT C/O HARILAL
    S, K V- 23/A, KALAVIHAR LANE KUNNAKUZHI, VANCHIYOOR P O,
    THIRUVANANTHAPURAM -695035 UAN 100396220820
32. NITHYANANDAN CK, AGED 59 YEARS, S/O CHANDRA GUPTHAN N OFFICE
    ATTENDANT (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M)
    RESIDING AT ARUN NIVAS, MARUVATTURKONAM, CHINEEVILA KUVALACHERY P O,
    THIRUVANANTHAPURAM -695512 UAN 100257460808
33. NINA S, AGED 60 YEARS, D/O K V VASUDEVAN TYPIST GRADE 1 (RETIRED),
    KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT THOZHUTHIL
    VEEDU, MEDICAL COLLEGE P O, THIRUVANANTHAPURAM -695011 UAN
    100255941869
34. G PARVATHI, AGED 66 YEARS, W/O K SANKARA NARAYANAN ASSISTANT
    MANAGER (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M)
    RESIDING AT BELHAVEN GARDENS, KAWADIYAR P O, THIRUVANANTHAPURAM
    -695003 UAN 100269027644
35. SUBHASH S, AGED 59 YEARS , S/O V SUNDARAM OFFICE ATTENDANT
    (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
    UTHRAM, PEROOR, THATTARKONAM P O, KOLLAM -691005 UAN 100363488215
36. N KUTTAPPAN NAIR, AGED 63 YEARS, S/O G NARAYANA PILLAI TYPIST GRADE
    1 (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING
    AT NIRMALLYAM, SREEPARAMESWARA NAGAR, THIRUVALLAM P O,
    THRIVANDRAM-695027 UAN 100199310293
37. AJI SREEDHAR S, AGED 59 YEARS, S/O C K SREEDHARAN REGIONAL MANAGER
    (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
    T C 3/440(3), HOUSE NO.116, SREEPOORAM, GREEN VALLEY, MUTTADA P O,
    THIRUVANANTHAPURAM-695025 UAN 101115293250
38. SURESH VK , AGED 60 YEARS, S/O SHANKARAN FINANCE MANAGER (RETIRED),
    KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT VAKKOM P O,
    THIRUVANANTHAPURAM-695308 UAN 100374679250
39. B S ASHOK, AGED 65 YEARS, S/O K BALAKRISHNAN FINANCE MANAGER
    (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
    GAANGEYAM, VENPALAVATTOM, ANAYARA P O THIRUVANANTHAPURAM-695029 UAN
    100093291851
  40. CHANDRABABU N , AGED 64 YEARS, S/O NEELAKANDAN OFFICE ATTENDANT
     (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
     PARTHASARATHY, PANAYAM P O, KOLLAM-691601 UAN 100123138499
 41. BHAKTHIKUMAR S, AGED 58 YEARS, S/O K SUKUMARAN U D CLERK
     (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
     GAYATHRI, KAVUVILA, ERUTHAVOOR, RUSSELPURAM P O
     THIRUVANANTHAPURAM-695501 UAN 100110341336
 42. ANTONY A J, AGED 62 YEARS , S/O A C JOSEPH OFFICE ATTENDANT
     (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT
     ARAKKAPARAMBIL HOUSE, H/NO.12/300, ARAKKAPARAMBU ROAD, KOOVAPPADAM,
     KOCHI-682002 UAN 100087440813
 43. NESIMA P U, AGED 62 YEARS, D/O K M YOOSUF MANAGER (RETIRED), KERALA
     STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT PUTHUPARAMBIL
     HOUSE, PERUVANTHANAM P O IDUKKI-685532 UAN 100252025469
 44. 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 to issue an interim order directing the respondents to

allow the petitioners to exercise their option under paragraph 11(4) of the employees pension scheme, 1995 without insisting for production of permission under paragraph 26(6) of the employees provident fund scheme, during the pendency of the above writ petition.

45. This petition coming on for orders upon perusing the petition and the affidavit filed in support of WP(C) and upon hearing the arguments of M/S C.S.AJITH PRAKASH, T.K.DEVARAJAN, BABU M., ANCY THANKACHAN, NIDHIN RAJ VETTIKKADAN, GOURI KAILASH, PRAKASH M.P.& M.B.SOORI, Advocates for the petitioners and of SRI. NITA N.S, Advocates for R3, the court passed the following:

47. SAROJAM T K, AGED 67 YEARS, D/O KUNJAN HELPER (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT THEKKEDATHU HOUSE, NEAR SNDP HS, MUVATTUPUZHA, ERNAKULAM-686661 UAN 100339518687

48. MOHAMMED BASHIR K S, AGED 62 YEARS, S/O K P SAYD MOHAMMED HELPER (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT ENCHAKKATTIL, ANIYILAPPU, NADACKAL ERATTUPETTA, KOTTAYAM-686121 UAN 100229222494

49. BENJAMIN CHACKO, AGED 59 YEARS, S/O C B CHACKO U D CLERK (RETIRED), KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT CHAMAPARAYIL HOUSE, NEAR NEW TELEPHONE EXCHANGE, THODUPUZHA P.O, IDUKKI-685584 UAN 100109417520

50. VASUDEVAN T P , AGED 66 YEARS, S/O RAMAN RAMBEESAN HELPER (RETIRED) KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT THUMARAKKAVILPASHPOTH HOUSE, POOKKAYIL BAZAR P.O., TIRUR, MALAPPURAM

- 676107 UAN 100401084323

51. JOHN JOSEPH, AGED 58 YEARS, /O MATHAI COMPANY SECRETARY (RETIRED) KERALA STATE BEVERAGES CORPORATION LTD (M&M) RESIDING AT BTRN B58, BTR NAGAR, NETTAYAM P O TRIVANDRAM -, UAN 100177867684

RESPONDENTS:

1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT, NEW DELHI-110001

2. CENTRAL PROVIDENT FUND COMMISSIONER EMPLOYEES' PROVIDENT FUND ORGANISATION BHAVISHYA NIDHI BHAVAN 14, BHIKAJI CAMA PLACE, NEW DELHI-110066

3. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAVAN, P B NO.1016, PATTOM THIRUVANANTHAPURAM- , PIN - 695004

4. 4. KERALA STATE BEVERAGES CORPORATION LTD (M&M) (GOVERNMENT OF KERALA UNDERTAKING), REPRESENTED BY ITS MANAGING DIRECTOR, BEVCO TOWERS, NEAR MUSCOT HOTEL, VIKAS BHAVAN P O THIRUVANANTAPURAM- , PIN

- 695033

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 to issue an interim order directing the respondents to allow the petitioners to exercise their option under paragraph 11(4) of the employees pension scheme, 1995 without insisting for production of permission under paragraph 26(6) of the employees provident fund scheme, during the pendency of the above writ petition.

This petition coming on for orders upon perusing the petition and the affidavit filed in support of WP(C) and upon hearing the arguments of M/S C.S.AJITH PRAKASH, T.K.DEVARAJAN, BABU M., ANCY THANKACHAN, NIDHIN RAJ VETTIKKADAN, GOURI KAILASH, PRAKASH M.P.& M.B.SOORI, Advocates for the petitioners and of SMT. NITA N.S, Advocates for R3, the court passed the following:

RAJA VIJAYARAGHAVAN V, J.

------------------------------------- W.P.(C) No. 13491 of 2023

-------------------------------------------

Dated this the 12th day of April, 2023

ORDER

The learned DSGI takes notice for the 1st respondent. Smt. Nita N.S.,

the learned Standing Counsel, takes notice for respondents 2 and 3.

Sri. T. Naveen, the learned counsel, takes notice for the 4th respondent.

2. This Court had occasion to consider identical issues in W.P.(C)

Nos.4958/2023 and connected cases, and an interim order was passed on

01.03.2023. The said order reads as under:-

"Petitioners herein are persons covered under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. These writ petitions are filed complaining that the respondents, by misconstruing the judgment rendered by the Apex Court in EPF Organisation and Another v. Sunil Kumar B and Others (2022 SCC Online SC 1521), are discontinuing/curtailing/reducing the pension that was being received by the petitioners and that too without hearing them.

2. The Standing Counsel appearing for the EPF had sought time for getting instructions, and all the matters were posted today for considering the grant of the interim order.

3. I find that the Regional Provident Fund Commissioner, with the approval of the Central Provident Fund Commissioner, has issued a directive vide No.Pension/2022/55893/15785 dated 25.01.2023, the operative portion of which reads as under:

W.P.(C) No. 13491 of 2023

'8. Utmost care should be taken to identify such cases where higher pension was granted on account of judgment of any Court. In such cases, a favorable order shall be obtained from the concerned Court citing the order of Hon'ble Supreme Court dated 04.11.2022 before going ahead with stopping/restoration of pension to wages up to ceiling of Rs.5000 or Rs.6500/-.'

4. I also find that in the counter affidavit filed on behalf of respondents 2 and 3 in W.P.(C).No.4958/2023, it is stated that the pension in respect of the petitioners therein was stopped inadvertently due to some technical glitches and when the same was brought to the notice of the respondents the pension in respect of the petitioners therein were immediately released.

5. Having considered the grievance of the petitioners and taking note of their submission that the pension received by them was being stopped/reduced abruptly, this Court had directed the respondents not to precipitate the issue until the issue is taken up and heard today.

6. When the matter is taken up for consideration, Sri.N.N Sugunapalan, and Sri.S.Gopakumaran Nair, the learned senior counsel appearing for the EPF Organisation, submitted that they require further time to respond to the contentions raised by the petitioners in these writ petitions.

7. The learned counsel appearing for the petitioners urges that despite the directions issued by this Court, not to precipitate the issues until the request for interim relief sought by the petitioners is taken up and considered, the respondents have curtailed/reduced/stopped the pension that was hitherto being received. It is submitted that there is absolutely no justification on the part of the respondents in initiating such action.

Having considered the submissions, as the matter is being adjourned at the request of the respondents and as the matter is under active consideration of this Court, the respondents shall ensure that they shall not curtail/limit/stop the pension that was being received by the petitioners in these writ petitions without getting specific orders from this Court."

W.P.(C) No. 13491 of 2023

The benefits of the said order shall be extended to the

petitioners in this case as well.

Post after six weeks.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE avs