Pavithran.M vs Keltron Component Complex ...
2023 Latest Caselaw 4769 Ker

WP(C) No.13753/2023                         1/6

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
            Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
                              WP(C) NO. 13753 OF 2023
   PETITIONERS:

      1. PAVITHRAN.M, AGED 67 YEARS, S/O OTHENAN, MADAYIL, ANJALY, MANGAD,
         KALLIASSERY, KANNUR , PIN - 670562
      2. P.BHASKARAN AGED 67 YEARS, S/O KANNAN, PUTHALATH HOUSE, MANGAD
         STREET, KALLIASSERY, KANNUR , PIN - 670562
      3. NARAYANAN ARAMBAN, AGED 67 YEARS, S/O THOLAN, ARAMBAN HOUSE,
         PARAKKADAVA, ANCHAMPEEDIKA, KALLIASSERY, KANNUR, PIN - 670562
      4. HEMAVALLY P.P., AGED 67 YEARS, W/O RAMACHANDRAN, PRALEYAM, NEAR
         ARATTUVAYAL, VALAPATTANAM, KANNUR , PIN - 670010
      5. BALAMANI K.V., AGED 67 YEARS, W/O P.P. KARUNAKARAN, KARUNA, MANGAD,
         NEAR SUB STATION, PO KALLIASSERY, KANNUR, PIN -670562
      6. K.KAMALAKSHY, AGED 66 YEARS, D/O K. CHATHU,PANIKKER HOUSE, MANGAD
         STREET, KALLIASSERY PO, KANNU, PIN - 670562
      7. RADHA.K, AGED 66 YEARS, W/O DR. M. RAVEENDRAN, PRASADAM, 212, MANGAD
         STREET, KALLIASSERY PO, KANNUR, PIN- 670562
      8. SOBHANA P.V.,AGED 66 YEARS, W/O R.P. NARAYANAN, SURABHI, AROLI PO,
         PAPPINISSERY,KANNUR, PIN-670561
      9. PUSHPALATHA A.V.,AGED 66 YEARS, W/O SURESAN K.M, SITHARA, AROLI PO,
         PAPPINISSERY, KANNUR , PIN-670561

   RESPONDENTS:

      1. KELTRON COMPONENT COMPLEX LIMITED, KELTRON
         NAGAR,DHARMASALA,KALLIASSERI PO,KANNUR REPRESENTED BY ITS MANAGING
         DIRECTOR, PIN-670562
      2. THE ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND
         ORGANIZATION, SUB REGIONAL OFFICE, V.K. COMPLEX, FORT ROAD, KANNUR,
         PIN - 670001
      3. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND
         ORGANIZATION, SUB REGIONAL OFFICE, V.K. COMPLEX, FORT ROAD, KANNUR,
         PIN - 670001
      4. THE CENTRAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND
         ORGANIZATION, BHAVISHYANIDHI BHAVAN, NEW DELHI, PIN - 110066
      5. REGIONAL PROVIDENT FUND COMMISSIONER-1(PENSION) EFPO HEAD OFFICE
         BHAVISHYANIDHI BHAVAN, 14,BHIKAJI KHAMA PLACE,NEW DELHI,PIN 110066


        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 stay further proceedings pursuant to Exhibit P-10 and to direct
   the respondents not to curtail/limit/stop the higher pension being
   received by them pursuant to Exhibits P-1 to P-9


        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
 WP(C) No.13753/2023                   2/6

   M/S. P.RAMAKRISHNAN, PREETHI RAMAKRISHNAN, C.ANIL KUMAR, ASHA K.SHENOY,
   PRATAP ABRAHAM VARGHESE & GOKUL KRISHNA, Advocates for the petitioners,
   the court passed the following:
 WP(C) No.13753/2023                               3/6




                                RAJA VIJAYARAGHAVAN V, J.
                               -------------------------------------
                                W.P.(C) No. 13753 of 2023
                            -------------------------------------------
                           Dated this the 13th day of April, 2023


                                                ORDER

Smt. M. A. Zohara, the learned counsel, takes notice for the 1st

respondent. Smt. Nita N.S., the learned Standing Counsel, takes notice for

respondents 2 to 5.

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:

 WP(C) No.13753/2023                                  4/6

        W.P.(C) No. 13753 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."

 WP(C) No.13753/2023                           5/6

        W.P.(C) No. 13753 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 WP(C) No.13753/2023 6/6

APPENDIX OF WP(C) 13753/2023 Exhibit P-1 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 1ST PETITIONER BY THE EPFO, KANNUR.

Exhibit P-2 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 2ND PETITIONER BY THE EPFO, KANNUR.

Exhibit P-3 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 3RD PETITIONER BY THE EPFO, KANNUR.

Exhibit P-4 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 4TH PETITIONER BY THE EPFO, KANNUR.

Exhibit P-5 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 5TH PETITIONER BY THE EPFO, KANNUR.

Exhibit P-6 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 6TH PETITIONER BY THE EPFO, KANNUR.

Exhibit P-7 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 7TH PETITIONER BY THE EPFO, KANNUR.

Exhibit8 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 8TH PETITIONER BY THE EPFO, KANNUR.

Exhibit P-9 TRUE COPY OF PENSION PAYMENT ORDER ISSUED TO THE 9TH PETITIONER BY THE EPFO, KANNUR.

Exhibit P-10 TRUE COPY OF LETTER DATED 20/2/2023 WRITTEN BY THE 5TH RESPONDENT TO ALL REGIONAL OFFICES AND ZONAL OFFICES .