M T Wilson vs Union Of India
2023 Latest Caselaw 9350 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                        WP(C) NO. 731 OF 2020
PETITIONER:


            M T WILSONAGED, 63 YEARS,
            S/O.O.G.THOMAS, EBI VILLA, PARANTAL,
            PANTHALAM, PATHANAMTHITTA-689501,
            SENIOR CLERK (RETIRED), LAKE PALACE,
            KERALA TOURISM AND DEVELOPMENT CORPORATION PPO
            NO.KR/KT/00072040, PF A/C.NO.KR/TVM/0002579/000/0000531

            BY ADVS.
            C.S.AJITH PRAKASH
            T.K.DEVARAJAN
            T.N.SREEKALA
            FRANKLIN ARACKAL
            M.B.SOORI
            PAUL C THOMAS


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 PROVIDIENT FUND COMMISSIONER
            EMPLOYEES PROVIDENT FUND ORGANISATION,
            BHAVISHYA NIDHI BHAVAN, PATTAM PALACE,
            THIRUVANANTHAPURAM-695004

    4       KERALA TOURISM AND DEVELOPMENT CORPORATION
            (GOVERNMENT OF KERALA UNDERTAKING),
            REPRESENTED BY ITS MANGING DIRECTOR, CORPORATION
            OFFICE, P.B.NO.5424 MOSCOT SQUARE,
            THIRUVANANTHAPURAM-695033
 WP(C) NO. 731 OF 2020       : 2 :




            BY ADVS.
            SRI.B.RAMACHANDRAN, CGC
            SRI.P.A.AHAMED, SC, KTDC LTD.
            SRI.THOUFEEK AHAMED
            SMT.NITA N.S.


     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(C) NO. 731 OF 2020           : 3 :




                              JUDGMENT

This writ petition is filed seeking the following

reliefs:-

"i) issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2nd, 3rd, and 4th respondents to collect pension contribution to the EPF pension scheme of the petitioner on the basis of the actual salary drawn by them, in accordance with Proviso to Clause 11(3) of the Employees Provident Fund Pension Scheme, 1995, from the date of joining the pension scheme and also to direct the 4th respondent to furnish joint application expressing the consent and direct 3rd respondent to pay pension on the basis of the actual salary drawn by the petitioner;

ii) declare that the petitioner is entitled to get pension contribution to the EPF pension scheme of the petitioner on the basis of the actual salary drawn by them, in accordance with Clause 11(3) of the Employees Provident Fund Pension Scheme, 1995, from the date of joining the pension scheme".

2. The petitioner is a retired employee of the 4 th

respondent establishment. He is a subscriber of

Employees' Provident Fund. According to the petitioner,

he is entitled for higher pension under the Employees'

Provident Funds and Miscellaneous Provisions Act, 1952

as per the option exercised by him. It is his 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. Adv.Nita N.S, 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 grievance of the petitioner

raised in this writ petition will be considered in

accordance with the directions therein.

In the light of the said submission, this writ petition is

disposed of directing the competent among the

respondents to re-consider the claims put forward by the

petitioner in the light of the dictum laid down by the

Hon'ble Supreme Court in the decision cited above within

a period of three months from the date of receipt of a copy

of this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SB

APPENDIX PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE PENSION PAYMENT ORDER NO.KR/TVM/PENSION/2014 OF THE PETITIONER ISSUED BY THE 4TH RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 4.11.2011 IN WP(C0NO.6643/2007

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT IN W.A.NO.568/2012 AND OTHER CONNECTED CASES DATED 5.3.2013

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT OF THE APEX COURT IN SLP NO.7074/2014 AND OTHER CONNECTED CASES DATED 31.03.2016

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN WP(C)NO.12999/2014 DATED 22.09.2014

EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 5.11.2014 IN W.A.NO.1502/14

EXHIBIT P7 A TRUE COPY OF THE JUDGMENT IN WP(C0NO.35038/2016 DATED 12.10.2018

EXHIBIT P8 A TRUE COPY OF THE CASE STATUS INDICATING ABOVE FACT, AS DOWN LOADED FROM THE WEBSITE OF THE HON'BLE SUPREME COURT