Mohan Kurup V vs Union Of India (Uoi), Represented ...
2023 Latest Caselaw 3131 Ker

WP(C) No.10186/2023                         1/7

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
             Thursday, the 23rd day of March 2023 / 2nd Chaithra, 1945
                              WP(C) NO. 10186 OF 2023
   PETITIONERS:

      1. MOHAN KURUP V, AGED 67 YEARS, SREE NILAYAM HOUSE, KARICHAL, PAYIPAD
         PO, HARIPPAD, ALAPPUZHA - 690556. KR/KCH00104989
      2. SIMON STOCK PC, AGED 71 YEARS, PALLITHAZHATH HOUSE, P ERAMANGALAM
         PO THRISSUR-679587    KR/KCH 00104968
      3. PRAKASHAN T T, AGED 72 YEARS, HURUTHIYIL, KRA 18, THIRUVANKULAM,
         ERNAKULAM - 682305 KR/KCH 00104957
      4. BABY PM, AGED 66 YEARS, PULAKKUDY HOUSE, VENGOOR
         PO,ERNAKULAM-683546. KR/KCH 00104913,
      5. T.V SANAL KUMARAN NAIR, AGED 73 YEARS, NAVAMI, VARAMAD P.O CHERTHALA
         ALAPPUZHA-688543    KR/KCH 00104973
      6. PRABHAKARAN.N, AGED 70 YEARS, 49/715B, VAISHNAV, MUNDACKAL ROAD,
         ERNAKULAM-682026 KR/KCH 00104971
      7. A RAVINDRAN, AGED 66 YEARS, ASHTAPATHI,AVITTAHUR WARRIEM,AVITTATHU
         PO,THRISSUR-680683 KR/KCH00104972
      8. U ASHOKAN, AGED 70 YEARS, UKKANDATH HOUSE,SOUTH ROAD, PONNANI
         PO,MALAPPURAM- 679577 KR/KCH 00104915
      9. HAMSA P, AGED 67 YEARS, KURUVATTIPARAMBIL HOUSE,KATTAKAMPAL
         POST, CHIRAKKAL,THRISSUR-680544. KR/KCH54386
     10. J SUBASH NAIR, AGED 69 YEARS, PADINJATTATHIL VEEDU, KARIYIL,
         KAZHAKUTTOM PO, THIRUVANANTHAPURAM- 695582. KR/TVM00083303
     11. SMT.K.SREEKALA DEVI, AGED 62 YEARS, W/O LATE PADMANBHAN T V, MAKAM,
         EANIKKARA, KARAKULAM PO, THIRUVANANTHAPURAM- 695564. KR/TVM00083370
     12. R VENUGOPALAN NAIR, AGED 67 YEARS, BRINDAVAN, ERRINJALL, IYOOR
         KONAM, AVUKULAM, CHEMPAZHANTHY PO, THIRUVANANTHPURAM- 695587.
         KR/TVM00084559
     13. SMT.BABY.K, AGED 70 YEARS, PRIYANKA MELANKODE, PAZHAKUTTY PO
         NEDUMANGADU, THIRUVANANTHAPURAM- 695561. KR/TVM00083372
     14. MANIKANTAN G, AGED 75 YEARS, VALIYA VEEDU, CHEMMAKKAD PO, PERINAD,
         KOLLAM-691601    KR/KOLAM00108738
     15. DINESHAN M, AGED 60 YEARS, S/O BALAN M, MANNANGHAT HOUSE, NEAR
         MANNANGHAT TEMPLE, KARAPARAMBA, KOZHIKODE- 673010. KR/KKD00065655
     16. RADHAKRISHN O K, AGED 67 YEARS, RASHITHA NIVA, IRINGANNNUR
         POST,TUNERI,KOZHIKODE-673505.     KR/KKD00065693
     17. RAVINDRAN P K, AGED 66 YEARS, PERINKOLLAN KANDI, NANDANAM,
         MUTHIRAKANDAN PARAMBIL HOUSE, KOORUMOOCHI, ARIYALLU, KODAKKAD,
         MALAPURAM- 676319. KR/KKD00065696
     18. E SASHIDHARAN, AGED 68 YEARS, KALIL HOUSE,VENGERI
         POST,KOZHIKODE-673010. KR/KKD00065694
     19. P S PRADIP, AGED 68 YEARS, INDEEVARAM, KARAPUZHA PO,
         KOTTAYAM-686003. KR/KTM00046313
     20. K N SHASHIDHARAN NAIR, AGED 76 YEARS, MANALOOR HOUSE, THEKKETHU
         KAVALA PO, PONKUNNAM, KOTTAYAM- 686506. KR/KTM00046314
     21. K S GEORGE, AGED 68 YEARS, KANDATHIL HOUSE,GT GARENS
 WP(C) No.10186/2023                     2/7

         ITC,KADUTHURUTHY,KORRAYAM-686604 KR/KTM00046312
     22. B. SEKALI, AGED 70 YEARS, PERLA KASARAGOD, KERALA-671552.
         P.P.O.NO.KR/KNR/00063213
     23. N. PURUSHOTHAM NAYAK, AGED 69 YEARS, DAYA SADANA CHEVAR POST AND
         VILLAGE, KUDALMERKALA, VIA MANGALAPADY- 671324. KRKNR62249
     24. GEORGE JOSEPH, AGED 67 YEARS, KAPPUKATTU HOUSE, PADANNAKADU PO,
         KASARAGOD-671328. KRKNR62228
     25. DAMODARAN NAIR E.,AGED 72 YEARS,RADHA MOVAS PERIYA BAZAR,PO
         PERIYA,KASARAGOD,PERIYA- 671316. KRKNR62232
     26. C.RAMAKRISHNA SHASTRY, AGED 70 YEARS, GOKULA HOUSE, PO MOODAMBAILU,
         VIA ADYANADKA, DAKSHINA KANNARA DISTRICT, KARNATAKA - 574260. KRKNR
         62229
     27. K.R. KUNHIRAMAN, AGED 70 YEARS, NANDHU BHAVAN, PO UDMA KASARAGOD-
         686661. P.P.O.NO.KRKNR00062231
     28. NARAYANA BHAT P, AGED 67 YEARS, 308 KARISHMA PALACE, RAJA GARDENIA
         LAYOUT, SUBRAMANYAPURA POST, BANGALORE KARNATAKA - 560061.
         KRKNR62234
     29. KUMARAN NAIR, AGED 68 YEARS, SREYAS, VALIYADUKKAM, BARE
         VILLAGE,P.O.MYLATTY, KASARAGOD, KERALA-671319 KRKNR62243
     30. P RAVINDRAN, AGED 70 YEARS, PARAMBAN HOUSE, PANANKAVU,CHIRAKKAL
         P.O,KANNUR-670011 P.P.O.NO.KR/KNR/00062239
     31. P KUMARAN NAIR, AGED 73 YEARS, AMBIKA SADAN,IZZATH NAGAR, PO
         HIDAYATH NAGAR, VIDDYA NAGAR, KASARAGOD-671123. KRKNR62238
     32. PAVITHRAN K, AGED 67 YEARS, POORHIYIL HOUSE, P.O. PALAYAD,
         THALASSERI EAST,KANNUR-, KERALA- 670661. KRKNR62236
     33. SHARADA.K, AGED 58 YEARS, W/O KRISHNA P,MUNDOLE
         HOUSE,MOVVAR,MULLERIA,KASARAGOD-671154 KR/KNR/32725

   RESPONDENTS:

      1. UNION OF INDIA (UOI), REPRESENTED BY THE SECRETARY TO GOVT. OF
         INDIA, MINISTRY OF LABOUR & DEPARTMENT OF EMPLOYMENT, NEW DELHI -
         110001
      2. REGIONAL PROVIDENT FUND COMMISSIONER - I, EMPLOYEES PROVIDENT FUND
         ORGANISATION, BHAVISHANIDHI BHAVAN, SILVA CROSS ROAD, ATTAVAR,
         MANGALURU, KARNATAKA -575002
      3. REGIONAL PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE, EMPLOYEES
         PROVIDENT FUND ORGANISATION (EPFO), BHAVISHANIDHI BHAVAN, KALOOR,
         ERNAKULAM - 682017
      4. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
         ORGANISATION (EPFO), BHAVISHANIDHI BHAVAN, PATTOM PALACE,
         THIRUVANANTHAPURAM- 695004
      5. ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE,
         EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO), BHAVISHANIDHI BHAVAN,
         KOLLAM - 691001
      6. ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE,
         EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO), BHAVISHANIDHI BHAVAN,
         ERANJIPALAM , KOZHIKODE - 673006
      7. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
         ORGANISATION, SUB REGIONAL OFFICE, ADITYA SABARI TOWER, POST OFFICE
 WP(C) No.10186/2023                     3/7

         ROAD, THIRUNNAKKARA, KOTTAYAM- 686001
      8. ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE,
         EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO), P.B.NO.117, FORT
         BUILDING, V.K.COMPLEX, FORT ROAD, KANNUR - 670001
      9. REGIONAL PROVIDENT FUND COMMISSIONER-1 (PENSION),EPFO HEAD OFFICE,
         MINISTRY OF LABOUR AND EMPLOYMENT,GOVERNMENT OF INDIA,BHAVISHYA
         NITHI BHAVAN, 14-BHIKAJI CAMA PALACE,NEW DELHI - - 110066
     10. THE MANAGING DIRECTOR, CENTRAL ARECANUT & COCOA MARKETING AND
         PROCESSING CO-OPERATIVE LTD, MANGLORE, KARNATAKA - 575001


        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.P6 and P11 and similar communications and issue a
   direction to the second respondent to disburse monthly higher pension
   without any fail, 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.10186/2023                               4/7




                              RAJA VIJAYARAGHAVAN V, J.
                             -------------------------------------
                              W.P.(C) No.10186 of 2023
                          -------------------------------------------
                         Dated this the 23rd day of March, 2023


                                              ORDER

The learned DSGI takes notice for the 1st respondent. Sri. Sajeev

Kumar K Gopal, the learned Standing Counsel, takes notice for the

respondents 2 and 9. Issue notice by speed post to the 10th respondent.

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:

 WP(C) No.10186/2023                                  5/7

        W.P.(C) No.10186 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 WP(C) No.10186/2023 6/7

W.P.(C) No.10186 of 2023

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."

The benefits of the said order shall be extended to the

petitioners in this case as well.

Tag this matter along with W.P.(c) Nos.4958 of 2023 and

connected cases and post on 4.4.2023.

Sd/-

                                                         RAJA VIJAYARAGHAVAN V,
                                                                 JUDGE


        sru
 WP(C) No.10186/2023                 7/7

                       APPENDIX OF WP(C) 10186/2023
Exhibit P6            A TRUE COPY OF THE NOTICE DATED 16.12.2020 ISSUED BY

THE EPFO KALOOR TO MR.PRABHAKARAN.N, 6TH PETITIONER Exhibit P11 A TRUE COPY OF THE NOTICE DATED 04.02.2023 ISSUED BY THE REGIONAL PROVIDENT FUND COMMISSIONER IN RESPECT OF 26TH PETITIONER