Shahul Hameed A vs Employees Provident Fund ...
2023 Latest Caselaw 3366 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
           Friday, the 24th day of March 2023 / 3rd Chaithra, 1945
                           WP(C) NO. 10303 OF 2023
PETITIONERS:

  1. SHAHUL HAMEED A., AGED 67 YEARS, S/O MOOSANKUTTY, MANGALA HOUSE,
     PALLIKKUNNUMPURAM, VALAPATANAM (PO) KANNUR DISTRICT, PIN - 670010
  2. P CHANDRAN AGED 70 YEARS, S/O KUNHIRAMAN M, SHARATH NIVAS,
     EDAKKAD(PO) KANNUR- 670663
  3. M LAKSHMANAN, AGED 66 YEARS, S/O NARAYAYAN NAMBIAR, LIJANAS,
     KAMBIL,KOLACHERRY(PO), KANNUR DISTRICT - 670601
  4. P SHYLAJA DORIS, AGED 72 YEARS, D/O P WILLIAMS, SHYROSE, PANANKAVU,
     CHIRAKKAL, KANNUR DISTRICT, PIN - 670011
  5. ANTONY T P, AGED 71 YEARS, S/O POULOSE THATHMPILLYHPUSE,
     PALLIAMOOLA,ALAVIL(PO), KANNUR DISTRICT, PIN - 670008
  6. PRAMOD P C, AGED 67 YEARS, S/O P C ACHUTHAN, M P HOUSE,
     KANDAMBETHKARUNKARAN ROAD, KAKKAD,KANNUR DISTRICT , PIN - 670005
  7. SIVANANDAN,AGED 72 YEARS, S/O
     KRISHNAN,SHIVAPRIYA,PALLIKKUNNU(PO),KANNUR DISTRICT - 670004
  8. K RADHAKRISHNAN, AGED 69 YEARS, S/O PUTHALATH NARAYANAN NAIR,
     KUNNUMMAL HOUSE, PUTHIYAPARAMBA, CHIRAKKAL(PO),KANNUR DISTRICT , PIN
     - 670011
  9. M RAMACHANDRAN, AGED 70 YEARS, \ S/O K KUNHIRAMAN NAMBIAR,
     SREERAGAM,MENACHOOR, PACHENI THIRUVATTUR(PO ), KANNUR DISTRICT ,
     PIN - 670502
 10. ••••••••••P VIJAYAKUMARAN, AGED 67 YEARS,
     S/O PDAMODARAN,AKSHARA,PADINHATTAMKOZUVAL, NILESWAR(PO),KANNUR
     DISTRICT , PIN - 671314
 11. P K MAHESH, AGED 69 YEARS ,S/O ACHUTHAN K, ANAND BHAVAN,
     KADIRUR(PO), KANNUR DISTRICT , PIN - 670642
 12. P V VELAYUDHAN, AGED 69 YEARS, S/O P V CHANDU NAIR,KRISHNA, NR.AIR,
     KANATHURTEMPLEROAD, PALLIKKUNNU(PO), KANNUR DISTRICT PIN - 670004
 13. P I PADMANABHAN, AGED 71 YEARS, S/O KRISHNAN NAMBIAR,
     NR.PARAKKADAVU, ANCHAMPEEDIKA(PO), KANNUR DISTRICT , PIN - 670331
 14. P.BHARATHAN, AGED 72 YEARS, S/O GOPALAN, KRISHNAKRIPA, OLAVILAM(PO),
     KANNUR DISTRICT , PIN - 673313
 15. V K RAMADAS, AGED 67 YEARS, S/O ANANDAN,VIRICHIKANDIYIL,
     PANDAKKAL(PO), KANNUR DISTRICT, PIN - 673310
 16. K P RAGUNATHAN, AGED 68 YEARS, S/O KARUNAKARAN, JAYASHEELA BHAVAN,
     KURICHIYIL(PO), KANNUR DISTRICT , PIN - 670102
 17. V MANOHARAN, AGED 68 YEARS, S/O KUNHIKRISHNAN NAIR, "AMMU KRISHNA",
     KUNIYIL HOUSE PUTHOOR P O, VATAKARA KANNUR, PIN - 673104
 18. O M RAJAN, AGED 66 YEARS, S/O OTHENAN, ORAVANKARAMEETHAL,
     "SAROVARAM", EAST PALLOOR, PALLOOR(PO), KANNUR DISTRICT PIN , PIN -
     673310
 19. M JAYAN, AGED 69 YEARS, S/O KUNHIRAMAN, CHAITHANYA, ATTARAKKUNNU,
     DHARMADAM(PO), KANNUR DISTRICT , PIN - 670106
 20. MABEL FERNANDEZ, AGED 67 YEARS, D/O THEODORE FERNANDEZ,
     ANAVATHUKKAL, MAHE, PIN - 673310
21. K K .SATHI, AGED 67 YEARS, D/O NANU C P, VANIYAMKULAM KUNIYIL HOUSE,
    CHOMBALA(PO) KANNUR DISTRICT, PIN - 673308
22. A V VELUTHAMBU, AGED 70 YEARS, S/O A AMBU, PUTHIYANDI HOUSE,
    KAVUMBHAGHAM(PO), THALASSERI, KANNUR DISTRICT , PIN - 670649
23. KESAVAN V, AGED 69 YEARS, S/O V NARAYANAN NAMBOOTHIRI, KRISHNAKRIPA,
    E K NAYANAR HOUSING COLONY, THOTTADA,KANNUR DISTRICT . , PIN -
    670007
24. KARTHIAYANI B, AGED 74 YEARS, D/O C RAMARKUTTY NAMBIAR, NOB2,
    DHARMAPURIHOUSING COLONY, THOTTADA(PO), KANNUR DISTRICT, PIN -
    670007
25. P K JANARDHANAN, AGED 70 YEARS, S/O GOVINDA KURUP, SREESHA NIVAS,
    CHELERI, KANNADIPARAMBA(PO), KANNUR DISTRICT , PIN - 670594
26. PAVITHRAN P P, AGED 73 YEARS, S/O M K GOVINDAN NAMBIAR, ASHWATHI,
    ELAYAVOOR, VARAM(PO), KANNUR DISTRICT, PIN - 670594
27. M BHARATHAN, AGED 70 YEARS , S/O KUNHAPPA M, MUDAPPATHY HOUSE,
    KANNADIPARAMBA(PO), KANNUR DISTRICT, PIN - 670604
28. M R RAMACHANDRAN, AGED 71 YEARS, S/O BALAKRISHNAN NAMBIAR,
    SREELAKSHMI, AKG ROAD, KATTAMPALLY(PO), CHIRAKKAL, KANNUR DISTRICT ,
    PIN - 670011
29. K V VALSALADEVI, AGED 67 YEARS, D/O K P DAMODARA MARAR, VINAYAKA,
    VALAPATTANAM(PO), KANNUR DISTRICT , PIN - 670010
30. C SREEDHARAN, AGED 75 YEARS, S/O R P KELAN, VIMALA NIVAS,
    KANHIRODE(PO), KANNUR DISTRICT , PIN - 670592
31. RAVEENDRAN M K, AGED 76 YEARS,S/O M SHANKARAN, SREEJAYA, NR.KORJAN U
    P SCHOOL, KAKKAD(PO), KANNUR DISTRICT , PIN - 670005
32. M M SUKUMARAN, AGED 71 YEARS, S/O V K GOPALAN, NHERAKKOL HOUSE,
    PANDAKKAL(PO), MAHE, PIN - 673310
33. K VISWANATHAN, AGED 70 YEARS, S/O KANNAN NAIR, THAZHAKUNNATH HOUSE,
    MOOZHIKKARA(PO), KANNUR DISTRICT, PIN - 670111
34. MOHANAN P T, AGED 70 YEARS , S/O C RYRU NAMBIAR, SUDHA NIVAS,
    KOYYODE(PO), KADACHIRA, KANNUR DISTRICT, PIN - 670621
35. K M MOHANAN, AGED 71 YEARS, S/O RAGHAVAN NAMBIAR E K, MULLIKOTTU
    HOUSE, MORAZHA(PO), KANNUR DISRTICT , PIN - 670331
36. RAVEENDRAN P V, AGED 67 YEARS, S/O P V KANNAN, KUNNUMMAL HOUSE,
    CHANDAPURA, KADANNAPPALLY(PO), KANNUR DISTRICT , PIN - 670501
37. C SURESH, AGED 69 YEARS, S/O C MUKUNDAN, SREESURASAN, AZHIKODE(PO),
    KANNUR DISTRICT, PIN - 670009
38. K V RAJAN, AGED 67 YEARS , S/O KUNHIKANNAN, SREYAS, CHIRAKKAL,
    VALAPATTANAM(PO), KANNUR DISTRICT, PIN - 670010
39. BALAGANGADHARA THILAKAN P M, AGED 69 YEARS, S/O V M VISHNU
    BHARATHEEYAN, NANIYUR, KOLACHERRY(PO),KANNUR DISTRICT , PIN - 670601
40. T . A . MATHEW, AGED 69 YEARS, S/O V.A ABRAHAM , VALLIKKALYIL
    HOUSE, 49/520, PARAYIL ROAD, ELAMAKKARA PO ERNAKULAM DISTRICT, PIN -
    682026
41. K .B. SUBRAMANIAN, AGED 65 YEARS, S/O BHASKARAN K , ASWATHY
    PAREPRAMBIL EROOR PO NORTH THRIPUNITHURA , ERNAKULAM DISTRICT , PIN
    - 682306
42. K. K SUMATHY, AGED 66 YEARS, W/O BAHULEYAN , PEZHUNGAL HOUSE,
    PALLIYANKARA , HMT COLONEY PO KALAMASSERY ERNAKULAM DISTRICT, PIN -
      683503
 43. SULEKHA K.M, AGED 66 YEARS, KONATTUPARABU NEERICODE, ALANGAD
     ERANKAULAM DISTRICT , PIN - 683511
 44. M.M. BALAN, AGED 70 YEARS, S/ O MADHAVAN , THUNDIYIL HOUSE, EROOR
     NORTH PO TRHIPUNITHURA ERNAKULAM DISTRICT , PIN:682306
 45. P.K VALSAN,AGED 66 YEARS, S/ O KUNJUNNI, PANIKKASSERY HOUSE,
     NJARAKKAL, ELAMKUNNAPUZHA PO , ERNAKULAM DISTRICT, PIN:682503
 46. N .R MADHAVAN, AGED 76 YEARS, S/O RAVUNNY,NATTAKKAL HOUSE,KUTTOOR PO
     THRISSUR DISTRICT, PIN - 680013

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
     - 110066
  2. ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER ZONAL OFFICE
     EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM ,TRIVANDRUM, PIN -
     695004
  3. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND
     ORGANIZATION REGIONAL OFFICE, FORT ROAD, KANNUR DIST, PIN - 670001
  4. 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 from the month of january
2023 onwards immediately, pending disposal of the writ petition and direct
the respondents not to make any further deductions from the enhanced
pension amount in the months 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, MARIAMMA MERCY KANJANAPILLY, S.KRISHNA
MOORTHY(ERNAKULAM) & BALAGOPALAN B., Advocates for the petitioners and of
SRI. NITA N.S, Advocate for R2 and R3, the court passed the following:
                      RAJA VIJAYARAGHAVAN V, J.
                    -------------------------------------
                     W.P.(C) No. 10303 of 2023
                 -------------------------------------------
                Dated this the 24th day of March, 2023


                                     ORDER

Smt. Nita N.S., the learned Standing Counsel, takes notice for

respondents 1 to 4. The petitioners to implead the establishment as an

additional 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:

W.P.(C) No.10303 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 W.P.(C) No.10303 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

avs