Kerala High Court
E.C.Bhaskaran vs Union Of India (Uoi), Represented ... on 1 March, 2023
WP(C) No.6990/2023 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 1st day of March 2023 / 10th Phalguna, 1944
WP(C) NO. 6990 OF 2023
PETITIONERS:
1. E.C.BHASKARAN, AGED 68 YEARS, EDAVANCHAL HOUSE, (PO) KADANNAPPALLY,
(DIST) KANNUR, PIN - 670506 PPO NO.KR/KNR/00057932
2. V.K.MOHANAN, AGED 68 YEARS "MOHANAM", (PO) EDAKKAD, (DIST) KANNUR,
PIN - 670663 PPO NO.KR/KNR/00059571
3. M.P.ANISHKUMAR, AGED 66 YEARS, "SAYOOJYA", (PO) KOTTALI, KANNUR
(DIST) KANNUR, PIN - 670005 PPO NO.KR/KNR/00059720
4. T.KUNHIKANNAN, AGED 67 YEARS , "SOORYODHAYAM" CHAVARA TEMPLE KULAM,
(PO) CHAVARA, (DIST) KANNUR, PIN - 670006 PPO NO.KR/KNR/00059558
5. K.C.PADMANABHAN, AGED 67 YEARS "HARISREE" EACHUR PO, KANNUR, PIN -
670591 PPO NO.KR/KNR/00063214
6. K.THAMBAN, AGED 67 YEARS, "SITHARA" MAILADATHARA (PO) AZHIKKODE,
KANNUR, PIN - 670009 PPO NO.KR/KNR/00059572
7. SAHADEVAN P, AGED 68 YEARS, A.K.NIVAS VETTILAPALLI VAYAL KANNUR,
PIN - 670003 PPO NO.KR/KNR/00059308
8. N.MOHANAN, AGED 69 YEARS, NARAGAMBI HOUSE (PO) KAKKAD, KANNUR PPO
NO.KR/KNR/00059589, PIN - 670005
9. K.MOHANAN, AGED 66 YEARS "AISWARYA" NR.P.H.C. (PO) KOTTALI, KANNUR,
PIN - 670005R PPO NO.KR/KNR/00059306
10. PREMARAJAN P, AGED 70 YEARS, VALIYAVALAPIL HOUSE, (PO) ATTADAPPA,
KANNUR, PIN - 670006 PPO NO.KR/KNR/00060210
11. BAPULAL N.K., AGED 72 YEARS 53/422, HIGH SCHOOL ROAD, KARTHIYANI
BHAVAN AYYANTHOLE, TRICHI-, PIN - 680003 PPO NO.KR/KNR/00061596
12. K.I.ABDUL JALEEL, AGED 68 YEARS KAKKAT HOUSE, EDAVANAKKAD P.O.,
ERNAKULAM PIN - 682502 PPO NO.KR/KCH/00115295
13. JAYACHANDRAN K.P., AGED 70 YEARS, ASHIRVAD, NEAR YOUTH CONGRESS
OFFICE, MUZHAPPILANGADI P.O. KANNUR, PIN - 670662. PPO
NO.KR/KNR/00060374
14. BINOY P.ANDREWS, AGED 67 YEARS PANTHIRUPARAYIL HOUSE, MOOLAVATTOM
P.O, KOTTAYAM, PPO NO.KR/KTM /00041804, PIN - 686012
15. S.VENUGOPAL, AGED 70 YEARS VYSHNAV, VYDYASALA NAGAR 411, ASRAMAM,
KOLLAM, P.P.O.NO.KR/KLM/00104150, PIN - 691002
16. R.RAVINDRAN, AGED 66 YEARS ARIMBASERIL HOUSE, OLARIKKARA, PULLAZHI,
THRISSUR , P.P.O.NO.KR/KCH/00106874, PIN - 680012
17. A.N.SURENDRAN, AGED 70 YEARS ARIMBASSERY HOUSE, VILLADAM,
RAMAVARMAPURAM, THRISSUR, PIN - 680631 P.P.O.NO.KR/KCH/00107410
18. K.C.SEBASTIAN, AGED 70 YEARS, KUNNINIYIL HOUSE, TC 33/1985, COSMO
GARDEN, KOORKENCHERY P.O, THRISSUR, PIN - 680007
P.P.O.NO.KR/KCH/00106680.
RESPONDENTS:
1. UNION OF INDIA (UOI), REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
INDIA, MINISTRY OF LABOUR & DEPARTMENT OF EMPLOYMENT, NEW DELHI,
WP(C) No.6990/2023 2/6
PIN - 110001
2. ASSISTANT PROVIDENT FUND COMMISSIONER,SUB REGIONAL OFFICE, EMPLOYEES
PROVIDENT FUND ORGANISATION (EPFO), P.B.NO.117, FORT
BUILDING, V.K.COMPLEX, FORT ROAD, KANNUR , PIN - 670001
3. REGIONAL PROVIDENT FUND COMMISSIONER-1 (PENSION), EPFO HEAD OFFICE,
MINISTRY OF LABOUR & EMPLOYMENT, GOVERNMENT OF INDIA, BHAVISHYA
NITHI BHAVAN, 14- BHIKAJI CAMA PALACE, NEW DELHI -, PIN - 110066
4. NATIONAL TEXTILE CORPORATION, REPRESENTED BY REGIONAL MANAGER,
T.C.9/2000-01,, "ANNAPOORNA", KOCHAR RD, SASTHAMANGALAM,
THIRUVANANTHAPURAM, KERALA , PIN - 695010
5. ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE,
EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO), BHAVISHANIDHI
BHAVAN,KALOOR, ERNAKULAM - PIN - 682017
6. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
ORGANISATION, SUB REGIONAL OFFICE, ADITYA SABARI TOWER, POST OFFICE
ROAD, THIRUNNAKKARA, KOTTAYAM- , PIN - 686001
7. REGIONAL PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE, EMPLOYEES
PROVIDENT FUND ORGANISATION (EPFO), PONNAMMA CHAMBERS, KOLLAM ., PIN
- 691001
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 Ext.P11 and similar communications and issue a direction
to the second respondent to disburse monthly higher pension from February
2023 onwards regularly every month, to all the petitioners pending
disposal of the 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. P.N.MOHANAN, C.P.SABARI, AMRUTHA SURESH & GILROY ROZARIO, Advocates
for the petitioners, the court passed the following:
WP(C) No.6990/2023 3/6
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C). Nos.6779, 6811, 6905, 6941,6990, 7015
& 7043 of 2023
-------------------------------------------
Dated this the 1st day of March, 2023
ORDER
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.6990/2023 4/6
W.P.(C) Nos.6811 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 favourable 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.
WP(C) No.6990/2023 5/6
W.P.(C) Nos.6811 of 2023
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.
Post along with W.P.(C) No.4958 of 2023 and post after two weeks.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
WP(C) No.6990/2023 6/6
APPENDIX OF WP(C) 6990/2023
Exhibit P11 A TRUE COPY OF THE NOTICE DATED 31.01.2023 ISSUED BY
THE ASSISTANT PROVIDENT FUND COMMISSIONER IN RESPECT OF
7TH PETITIONER
