Kerala High Court

Balakrishnan Nadar. G vs Employees Provident Fund ... on 13 April, 2023

                  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. 13716 OF 2023
PETITIONERS:

  1. BALAKRISHNAN NADAR. G , AGED 68 YEARS, S/O . GOPALAN .APROMOD
     BHAVAN, KAVADITHALAKKAL, MANIKANTESWARAM .P O. TRIVANDRUM DISTRICT,
     PIN - 695013
  2. SANTHA KUMARI.V., AGED 72 YEARS, W/O. T.A. GOPI THANDASSERY HOUSE
     JANAKEEYAROAD PANDARAKKAD ELAVALLY SOUTH. P.O, TRISSUR DISTRICT, PIN
     - 680508
  3. YOHANNAN. C M, AGED 70 YEARS, S/O . MATHEW CHUNGATH HOUSE, JOSEPH
     LANE KARAKULAM. P.O, TRIVANDRUM DISTRICT, PIN - 695564
  4. PANGAN .P, AGED 68 YEARS , S/O. APPU.N NATTINGAL HOUSE P O-
     MOONNIYOOR,TIRURANGADI MALAPPURAM DISTRICT, PIN - 676311
  5. USHA.K .P, AGED 67 YEARS, D/O.PADNABHAN NAIR .N USHASARASAM
     ,NMC287/VI NETTA,PONNARA NAGAR NEDUMANGADU, TRIVANDRUM DISTRICT,
     PIN - 695541
  6. ALBEN XAVIER, AGED 68 YEARS , S/O. XAVIER XAVIERS COTTAGE, LMS
     NAGAR H-NO-15, MUTTADA. PO TRIVANDRUM DISTRICT, PIN - 695025
  7. SREEDEVI AMMA.S, AGED 71 YEARS, D/O. SANKARA PILLAI. V
     THUSHARA,OORUPOIKA .PO KIZHVALAM , ATTINGAL TRIVANDRUM DISTRICT, PIN
     - 695014
  8. SUMITRA. J, AGED 70 YEARS , D/O. JAMES TC 17/2760,PRA -167
     CHENTHALUVILAVEEDU POTTAKUZHY,PATTOM .PO TRIVANDRUM DISTRICT, PIN -
     695004
  9. S.VISWANATHAN NAIR, AGED 71 YEARS, S/O. SREEDHARAN NAIR ASWATHY,TC
     51/2137,KONKALAM ARAMADA.PO, TRIVANDRUM DISTRICT, PIN - 695032
 10. SASIKALA. L,AGED 67 YEARS, D/O. G.RAMACHANDRAN NAIR SREE SAILOM,TC
     68/692-1 KOLLAMVILAKOM, THIRUVALLAM .PO., TRIVANDRUM DISTRICT, PIN -
     695027
 11. SUGANTHI . T.C, AGED 70 YEARS, D/O. THEMOTHEOSE.P
     NAVANA,THUNDATHIL.PO KARIYAVATTOM , TRIVANDRUM DISTRICT, PIN -
     695581
 12. D. SRIDEVI AMMA, AGED 71 YEARS , D/O. GOPA PILLAI SREE VISWA,TC
     30/105, VRA-146 EDAKULAM, PEROORKADA .PO TRIVANDRUM DISTRICT, PIN -
     695005
 13. VISWAMBHARAN NAIR,M., AGED 66 YEARS ,S/O. MADHAVAN PILLA
     ANUVIHAR,VALIYA KALUNKU PARANDODE,ARYANADU NEDUMANGADU, TRIVANDRUM
     DISTRICT, PIN - 695542
 14. B.PARAMESWARAN NAIR, AGED 68 YEARS , S/O. P.BALAKRISHNA PILLAI
     JYOTHIKA,TC 6/2847 ULLOOR GARDENS NO:140 KOCHULLOOR,MC, TRIVANDRUM
     DISTRICT, PIN - 695011
 15. NIRMALA.K ,AGED 68 YEARS, W/O .M.P.BHAHULEYAN NAIR TC
     18/573/3,NIRMALYAM PRA-292-A,ARAMADA. PO PUNNACKAMUGAL, TRIVANDRUM
     DISTRICT, PIN - 695032
 16. G. SAROJINI AMMA, AGED 73 YEARS, D/O. PARAMESWARAN PILLAI
     MARUVILAKATHU VEEDU KARUMOM,TC 56/1987 TRIVANDRUM DISTRICT, PIN -
      695002
 17. VASUNDHARAN .G , AGED 68 YEARS , S/O. GOPALAN V. S.
     SADHANAM,PUNNAMOODU KALLIYOOR.P O TRIVANDRUM DISTRICT, PIN - 695042

RESPONDENTS:

  1. EMPLOYEES PROVIDENT FUND ORGANIZATION, REPRESENTED BY THE REGIONAL
     PROVIDENT FUND COMMISSIONER - I (PENSION), EMPLOYEES PROVIDENT FUND
     ORGANIZATION HEAD OFFICE, MINISTRY OF LABOUR& EMPLOYMENT (UNION OF
     INDIA ), BHAVISHYANIDHI BHAWAN, 1, BHIKAJICAMA PLACE, NEW DELHI ,
     PIN - 110066
  2. ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER ZONAL OFFICE
     EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM ,TRIVANDRUM , PIN -
     695004
  3. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND
     ORGANIZATION REGIONAL OFFICE, PATTOM ,TRIVANDRUM, PIN - 695004
  4. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND
     ORGANIZATION REGIONAL OFFICE, ERANHIPALAM, KOZHIKODE, PIN - 673006


     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 direct the respondents to pay back the amount unlawfully
deducted from the pension of the petitioners from the month of january
2023 onwards immediately, pending disposal of the writ petition and direct
the respondents not to make any further deductions from the enhanced
pension amount in the months to come.


     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. S.KRISHNA MOORTHY(ERNAKULAM), V.KRISHNAN KUTTY, MARIAMMA MERCY
KANJANAPILLY & BALAGOPALAN B., Advocates for the petitioners the court
passed the following:
                       RAJA VIJAYARAGHAVAN V, J.
                     -------------------------------------
                      W.P.(C) No. 13716 of 2023
                  -------------------------------------------
                 Dated this the 13th day of April, 2023


                                      ORDER

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

respondents 1, 2, 3, and 4.

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:

'8. Utmost care should be taken to identify such cases where higher pension was granted on account of judgment of any Court. W.P.(C) No. 13716 of 2023

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. 13716 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