Kerala High Court
Abdul Rahiman.P.M vs The Regional Provident Fund ... on 9 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
WP(C) NO. 8401 OF 2020
PETITIONERS:
1 ABDUL RAHIMAN P.M
AGED 59 YEARS
(RETIRED EMPLOYEE OF M/S. MALABAR CEMENTS LTD,
PF ACCOUNTANT NO.KR/KK/11299/645)
SUBAH MANZIL (D NO.11),
K.T.A. NAGAR, INDUSTRIAL ESTATE,
PUTHUPPARIYARAM, PALAKKAD - 678 731
MOB NO.9446279868.
2 B. MADHUSOODANAN NAIR
(RETIRED EMPLOYEE OF M/S. MALABAR CEMENTS LTD,
PF ACCOUNTANT NO.KR/KK/11299/16)
SANTHINI VILASAM, PIPELINE ROAD,
NRA-G-65, NEAR PRABATH COLLEGE,
PEROORKADA, THIRUVANANTHAPURAM - 695 005.
3 T. MOHANAKRISHNAN
(RETIRED EMPLOYEE OF M/S. MALABAR CEMENTS LTD,
PF ACCOUNTANT NO.KR/KK/11299/727) ATHIRA,
THERUVATH, KODANGAD, KONDOTTI P.O,
MALAPPURAM DISTRICT - 673 638.
4 J.VARGHESE
(RETIRED EMPLOYEE OF M/S. MALABAR CEMENTS LTD,
PF ACCOUNTANT NO.KR/KK/11299/442)
KIZHAKKEKARA HOUSE, MUNDAKODE,
CHANDRANAGAR P.O, PALAKKAD - 678 007.
5 A. ABDUL RAHIM
(RETIRED EMPLOYEE OF M/S. MALABAR CEMENTS LTD,
PF ACCOUNTANT NO.KR/KK/11299/638) FIRDOUSE,
PIRIVUSALA, CHANDRANAGAR P.O,
PALAKKAD - 678 007.
6 SREEKUMAR
SON OF K.S.NAIR, (RETIRED EMPLOYEE OF M/S.
MALABAR CEMENTS LTD, PF ACCOUNTANT
NO.KR/KK/11299/1135) ROHINI, HOUSE NO.53,
SURYA NAGAR, PIRIVUSALA, CHANDRANAGAR P.O,
PALAKKAD - 678 007.
7 A.P.SUBHASH CHANDRA BOSE
(RETIRED EMPLOYEE OF M/S. MALABAR CEMENTS LTD,
PF ACCOUNTANT NO.KR/KK/11299/11299)
SHARMADA, ANUGRAHA COLONY,
VALIYAPADAM,
C.N.PURAM P. O, PALAKKAD - 678 005.
WP(C).No.8401 OF 2020
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BY ADVS.
ASOK M.CHERIAN
SRI.N.SATHEESH
SRI.K.JANARDHANA SHENOY
PRIYA CAROL
RESPONDENTS:
1 THE REGIONAL PROVIDENT FUND COMMISSIONER
SUB REGIONAL FUND OFFICE,
EMPLOYEES PROIVIDENT FUND ORGANISATION,
BHAVISHYANIDHI BHAVAN, ERNHIPALAM P.O,
KOZHIKODE - 673 006.
2 M.C.L. EMPLOYEES' PROVIDENT FUND TRUST
REPRESENTED BY ITS CHAIRMAN,
C/O. MALABAR, CEMENTS LTD, VALAYAR.P.O,
PALAKKAD - 678 624.
3 M/S. MALABAR CEMENTS LTD,
REPRESENTED BY ITS MANAGING DIRECTOR,
VALAYAR P.O, PALAKKAD - 678 624.
BY ADVS.
DR. ABRAHAM P.MEACHINKARA - SC, EPF ORG.
SMT. LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.8401 OF 2020
3
JUDGMENT
This writ petition is filed seeking the following
reliefs:-
"i) Declare that petitioners have a right to get
pension under Employees Pension Scheme,
1995 framed under the Employees' Provident
Funds and Miscellaneous Provisions Act, 1952
immediately on their retirement.
ii) Issue a writ in the nature of mandamus
directing the 1st respondent to disburse pension
to the petitioners fixing the same reckoning
their actual pay (basic with dearness allowance)
as pensionable salary, forthwith.
iii) Direct the 1st respondent to pay penal
interest to the pension paid delayed, till the
date of payment of the same."
2. The petitioners are retired employees of the
3rd respondent establishment. They are subscribers
of Employees' Provident Fund. According to the
petitioners, they are entitled for higher pension under
the Employees' Provident Funds and Miscellaneous
Provisions Act, 1952 as per the option exercised by
WP(C).No.8401 OF 2020
them. It is their case that the pension has to be paid
without limiting the amount to the maximum
pensionable salary prescribed in paragraph 11(3) of
the Employees' Pension Scheme, 1995.
3. Sri.Abraham P.Meachinkara, the learned
Standing Counsel for the Employees' Provident Fund
Organisation submits that the question raised in the
writ petition is now settled by the Hon'ble Supreme
Court in EPF Organisation and Another v. Sunil
Kumar B and Others [2022 SCC online SC 1521]
and that the 1st respondent is willing to consider the
grievance of the petitioners in accordance with the
directions therein.
Accordingly, this writ petition is disposed of
directing the 1st respondent to re-consider the claims
put forward by the petitioners in the light of the
dictum laid down by the Hon'ble Supreme Court in
the decision cited above, on the petitioners
WP(C).No.8401 OF 2020
submitting a fresh representation within a period of
one month from the date of receipt of a copy of this
judgment. The 1st respondent shall consider such
representation within a period of three months from
the date of receipt of the same. Needless to say, the
petitioners shall be afforded an opportunity of
hearing through their duly authorised representative.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).No.8401 OF 2020
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF THE LETTER OF THE 1ST
RESPONDENT DATED 22.06.2015 RECEIVED BY
THE 1ST PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT - TRUST TO THE 1ST RESPONDENT
DATED 30.06.2019 WHICH SHOWS REMITTANCE
OF ARREARS OF PENSION CONTRIBUTION
CONCERNING THE 1ST PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT - TRUST TO THE 1ST RESPONDENT
DATED 31.07.2019 WHICH SHOWS REMITTANCE
OF ARREARS OF PENSION CONTRIBUTION
CONCERNING THE 2ND PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT - TRUST TO THE 1ST RESPONDENT
DATED 30.06.2019 WHICH SHOWS REMITTANCE
OF ARREARS OF PENSION CONTRIBUTION
CONCERNING THE 3RD PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT - TRUST TO THE 1ST RESPONDENT
DATED 31.05.2019 WHICH SHOWS REMITTANCE
OF ARREARS OF PENSION CONTRIBUTION
CONCERNING THE 4TH PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT - TRUST TO THE 1ST RESPONDENT
DATED 31.05.2019 WHICH SHOWS REMITTANCE
OF ARREARS OF PENSION CONTRIBUTION
CONCERNING THE 5TH PETITIONER.
EXHIBIT P7 A TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT - TRUST TO THE 1ST RESPONDENT
DATED 31.07.2019 WHICH SHOWS REMITTANCE
OF ARREARS OF PENSION CONTRIBUTION
CONCERNING THE 6TH PETITIONER.
EXHIBIT P8 A TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT - TRUST TO THE 1ST RESPONDENT
DATED 31.07.2019 WHICH SHOWS REMITTANCE
OF ARREARS OF PENSION CONTRIBUTION
CONCERNING THE 7TH PETITIONER.
RESPONDENTS EXHIBITS: NIL.
