T.N.Gopi vs Employees Provident Fund ...
2023 Latest Caselaw 2910 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
          Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
                           WP(C) NO. 8412 OF 2023
PETITIONERS:

  1. T.N.GOPI, AGED 70 YEARS, S/O RAJAN , AISWARYA PLAMTHADATHIL SOUTH
     PARAVOOR, ERNAKULAM DISTRICT , PIN - 682307
  2. T.B.DEVASSY, AGED 67 YEARS, S/O BERNARD , THACHETHU PARAMBIL HOUSE
     UC COLLEGE PO, ERNAKULAM, PIN - 683102
  3. T.N.VIJAYAMMA , AGED 67 YEARS, D/O NARAYANAN, SNEHABHAVAN, UNNACKAL
     P.O, VALAKAM - ERNAKULAM DIST, PIN - 683316
  4. P.C.MARIAMMA, AGED 67 YEARS, D/O CHACKO, AIKKARA VELIL HOUSE,
     THIRUVAMKULAM P.O ERNAKULAM DIST, PIN - 682305
  5. M.K.IBRAHIM, AGED 67 YEARS, M K KHADAR, MANJULAMKUNNIL HOUSE,
     PALLARIMANGALAM P O,KOTHAMANGALAM, ERNAKULAM , PIN - 686671
  6. K.KOCHANIYAN, AGED 67 YEARS, S/O N PARAMESWARAN NAIR , BHAVANA
     HOUSE, IRUMPANAM P.O, TRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 682309
  7. C.P.HENRY, AGED 67 YEARS S/O C D PAILY, CHOOLACKAL HOUSE, KEERTHI
     NAGAR, MARADU, ERNAKULAM DISTRICT, PIN - 682012
  8. MUHAMMED KUNJU K.K , AGED 70 YEARS S/O KOCHUMARAKKAR, KIZHAKKEKARA
     HOUSE, CHANGAMPUZHA NAGAR PO, KALAMASSERY , ERNAKULAM DISTRICT, PIN
     - 682033
  9. N.B.RAMESAN, AGED 72 YEARS S/O BHASKARAN, KANIYAMPARAMBIL HOUSE,
     PERUMPALAM P.O, CHERTHALA , ERANAKULAM DIST, PIN - 688570
 10. ELDO VARGHESE, AGED 68 YEARS S/O VARGHESE, ONALIL HOUSE,
     THRIKARIYOOR P.O KOTHAMANGALAM -ERNAKULAM, PIN - 686692
 11. K.M.UMAR, AGED 69 YEARS S/O MAKKAR K M , KALAPARAMBIL HOUSE,
     NELLIZKUZHY P.O, KOTHAMANGALAM, ERNAKULAM , PIN - 686691
 12. K.K.AZEEZ, AGED 67 YEARS, S/O PAREEDKAVI, KOCHUKIZHAKKETHIL HOUSE,
     KANJIRAMATTOM P.O ERNAKULAM, PIN - 682315
 13. V.K.NARAYAN SWAMI, AGED 69 YEARS, S/O KRISHNA IYER, 9/448,
     OPP.MOOKAMBIKA, ENTERPRISES, SOUTH CHITTOOR, ERNAKULAM COCHIN , PIN
     - 682027
 14. E.P.ENASU, AGED 68 YEARS, S/O PAILOTH, ELINGERI HOUSE,
     ANCHERICHIRA, KURIACHIRA PO THRISSUR DISTRICT , PIN - 680006
 15. JANARDHANAN K.V, AGED 68 YEARS, S/O VASU, KALAPPURA HOUSE, AKG
     NAGARMOORKANI KARA, THRISSUR , PIN - 680751
 16. V.V.NALINI, AGED 72 YEARS, DAUGHTER OF VELAYUDHAN , AGED 72 YEARS ,
     ANTHIKATTIL HOUSE S.N.COLONY - KOORKENCHERY, THRISSUR , PIN - 680007
 17. A.Y.ABOO BAKER, AGED 68 YEARS, S/O YOUSEF A M , ALLANNUR HOUSE,
     KUMARANALLOOR PO, VADAKKANCHERY, THRISSUR , PIN - 680590
 18. RADHAKRISHNAN .V, AGED 70 YEARS, S/O GOVINDAN NAIR, VEETUMBILLY
     HOUSE, SEETHAL MEADOWS FLAT, FLAT NO. 726/4, PERINGAVU PO, THRISSUR
     DISTRICT, PIN - 680008
 19. SHAMSUDHEEN, AGED 70 YEARS, S/O SULATHAN, BENGALA PARAMBIL HOUSE,
     CHALAKUDY , THRISSUR , PIN - 680307
 20. T.K.LEELA , AGED 71 YEARS, S/O KRISHNAN, PUTHURUTHY HOUSE,
     KUTTOMUKKU, RAMAVARMAPURAM, THRISSUR , PIN - 680631
  21. P.V.NALINI, AGED 69 YEARS, D/O VELAYOUDHAN, AGED 69 YEARS PANDARA
     PARAMBIL HOUSE, KANNARA P.O.,THRISSUR DISTRICT , PIN - 680652
 22. P.V.SICILY, AGED 69 YEARS, D/O VARGHESE, KARIMBANAKKAL HOUSE,
     ERAVIMANGALAM PO POOCHETTY, THRISSUR , PIN - 680751
 23. SANTHAKUMARI O, AGED 71 YEARS, D/O KRISHNAN , PARAKKAL HOUSE,
     PULLAZHI PO, OLARIKKARA, THRISSUR , PIN - 680012
 24. K.K.THANKAMANI , AGED 71 YEARS, D/O KOCHUKUTTAN, MANATHARA HOUSE,
     KUTTUR PO, THRISSUR, PIN - 680013
 25. A.V.BHAVANI , AGED 71 YEARS, D/O VELAYOUDHAN, NADUPARAMBIL HOUSE,
     THANBANKADAVU PO, THALIKULAM, THRISSUR, PIN - 680569
 26. K.PANKAJAKSHY, AGED 71 YEARS, D/O GOVINDAN NAIR, KANNATTU HOUSE,
     ODALAKKAVU, ADAT P.O, THRISSUR , PIN - 680551
 27. N.B SUSEELA, AGED 70 YEARS, D/O BALAKRISHNAN, NARANGALIL HOUSE,
     VIYYUR P.O, THRISSUR, PIN - 680010
 28. T.R GOPAKUMARI , AGED 71 YEARS, D/O RAMASWAMI PILLAI, SIVARAM
     NIVAS, PLAVINKOOTTAM ROAD, VIYYUR, THRISSUR , PIN - 680010
 29. P.K SATHYANANDAN AGED 67 YEARS, S/O KUTTAPPAN, PATTIPARAMBIL HOUSE,
     POONANY, KUNNAPPILY P.O., THRISSUR DISTRICT , PIN - 680311
 30. K.P SASIDHARAN, AGED 69 YEARS, S/O PEEDHAMBARAN,KAITHAVALAPPIL
     HOUSE, VETTILAPARA P.O, THRISSUR , PIN - 680721
 31. THOMAS P S, AGED 66 YEARS, SON OF THOMAS ,PALLATHU HOUSE, MANJUMEL P
     O.,UDYOGAMANDAL ,ERNAKULAM , PIN - 683501
 32. G. PHILIP, AGED 67 YEARS, S/O YOHANANNN GEORGE, SHARON VILLA
     UNICHIRA , THRIKKAKKARA P O.ERNAKULAM , PIN - 682021
 33. T G RAJASEKHARA PILLAI, AGED 68 YEARS, S/O GOPALAKRISHNA PILLAI P R
     , NAVULLIL HOUSE, UDYOGAMANDAL P O, ERNAKULAM , PIN - 683501

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
     - 110006
  2. CHIEF PROVIDENT FUND COMMISSIONER, ZONAL OFFICE EMPLOYEES PROVIDENT
     FUND ORGANIZATION , PATTOM , TRIVANDRUM , PIN - 695004
  3. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
     ORGANIZATION, REGIONAL OFFICE, NO.36/685A, BHAVISHYA NIDHI BHAVAN,
     KALOOR, ERNAKULAM, KERALA , PIN - 682017


     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 1 to 33 from the month of
january 2023 immediately, pending disposal of the writ petition and direct
the respondents not to make any further deductions from the enhanced
pension amount in the month 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.V.KRISHNAN KUTTY,S.KRISHNA MOORTHY(ERNAKULAM), MARIAMMA MERCY
KANJANAPILLY & BALAGOPALAN B., Advocates for the petitioners, the court
passed the following:
                       RAJA VIJAYARAGHAVAN V, J.
                     -------------------------------------
                      W.P.(C) No. 8412 of 2023
                  -------------------------------------------
                 Dated this the 13th day of March, 2023


                                       ORDER

Sri. John Mani, the learned standing counsel, takes notice for

respondents 1, 2, and 3.

2. This Court had occasion to consider identical issues in W.P.(C)

No.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:

W.P.(C) No.8412 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."

W.P.(C) No.8412 of 2023

The benefits of the said order shall be extended to the

petitioners in this case as well.

Post along with W.P.(C) No.4958/2023 and connected cases.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE avs