Kerala High Court
Usha K vs Kerala State Council For Child Welfare on 3 January, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
WP(C) NO. 35114 OF 2023
PETITIONERS :-
1 USHA K., AGED 65 YEARS
W/O.UTHAMAN.K.G.,KUNNANATHUCHIRA HOUSE,
PUTHUPALLY.P.O., KOTTAYAM, PIN - 686011
2 UNNIKRISHNAN.K.M., AGED 65 YEARS
S/O.KUNCHIRAMA MENON,PARAKKOTHPOILIL HOUSE,
PERUMANNA.P.O.,KOZHIKODE, PIN - 673019
3 A.MOHAN., AGED 61 YEARS
S/O.NARAYANAN NAIR, MOHANAM, MUTHALIYANTHARA,
ETHANUR.P.O., PALAKKAD, PIN - 678502
4 K.P.UMA DEVI, AGED 60 YEARS
W/O.M.P.SASIDHARAN,ULLAS, KEERAMPALLI PARAMBU,
BYE-PASS ROAD, THIRUVANNUR, CALICUT, PIN - 673029
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
ANJU R S.
K C MOHAMED RASHID
RESPONDENTS :-
1 KERALA STATE COUNCIL FOR CHILD WELFARE,
THYCAUD.P.O., THIRUVANANTHAPURAM,
REPRESENTED BY THE GENERAL SECRETARY, PIN - 695014
2 THE GENERAL SECRETARY,
KERALA STATE COUNCIL FOR CHILD WELFARE, THYCAUD.P.O.,
THIRUVANANTHAPURAM, PIN - 695014
3 REGIONAL PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANIZATION,
BHAVISHYA NIDHI BHAVAN, PATTOM PALACE,
THIRUVANANTHAPURAM, PIN - 695014
BY ADV NITA N.S
SRI.SAJEEV KUMAR K GOPAL, SC
SMT.M.U.VIJAYALAKSHMI, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 35114 OF 2023
2
JUDGMENT
The petitioners state that they are employees under the Kerala State
Council for Child Welfare, an autonomous body under the Social
Welfare Department, Government of Kerala. On attaining the age of
superannuation, they have all retired from service several years back.
They have approached this Court seeking the following reliefs:-
"(i) Issue a writ in the nature of Mandamus or any other appropriate
writ, order or direction directing respondents 1 and 2 to remit the
contribution of the petitioners to EPF Pension Fund on the actual
wages/salary exceeding Rs.6,500/- per month drawn by the
petitioners.
(ii) Issue a writ in the nature of Mandamus or any other appropriate
writ, order or direction directing the 3 rd respondent to see that the
contribution of the petitioners to the EPF Pension Fund on the actual
wages/salary exceeding Rs.6,500/- per months drawn by the
petitioners.
2. Essentially, the prayer of the petitioner is for the issuance
of directions to the respondents to remit the contribution of the
petitioners to the EPF Pension Fund on the actual salary exceeding
Rs.6500/- per mensem for the period they were in service.
3. When the matter had come up for consideration on
22.12.2023, the learned Standing Counsel appearing for respondents
1 and 2 seriously objected to the prayer sought for and expressed in
WP(C) NO. 35114 OF 2023
unmistakable terms that they do not intend to remit the contribution
on the actual wages.
4. Sri.P.V.Anoop, the learned counsel appearing for the
petitioners, invited the attention of this Court to Ext.P6 judgment, and
it is submitted that employees similarly placed as petitioners had
approached this Court and by Ext.P6 judgment, this Court had ordered
that if the joint option is received by the third respondent within the
time frame stipulated, the same shall be considered and appropriate
order shall be passed within a period of three months and in terms of
the same, the concerned respondents had forwarded the joint option.
It is submitted that the petitioners are entitled to similar relief.
5. In response, Smt.M.U.Vijayalakshmi, the learned Standing
Counsel, submits that this Court had not expressed any opinion with
regard to the contentions and only stated that if the options are
received within the time stipulated, the same shall be considered.
According to the learned counsel, the option forms were forwarded,
but after recording the objection of the employer that they are not
prepared to pay the higher contribution.
6. Smt.Nita N.S, the learned Standing Counsel appearing for
the third respondent, submits that it is the mandate that the higher
contribution amount will also have to be paid while the option forms
WP(C) NO. 35114 OF 2023
are submitted. It is further submitted that it is the option of the
employer to remit the higher contribution on actual wages along with
the option form and neither the EPF Organization nor any other
authority can force the employer. It is further submitted that in terms
of the directions issued by the Apex Court in Employees' Provident
Fund Organisation & Another v. Sunil Kumar B [2022 (7) KHC
12], the last date for furnishing the joint option after remitting the
contribution was 31.12.2023 and the said period has expired.
In view of the reluctance on the part of the employer to pay
contributions on actual wages in excess of Rs.6500/-, the prayer
sought for by the petitioner cannot be granted. Furthermore, the time
limit for submitting the option form along with the higher contribution
amount has expired on 31.12.2023.
This writ petition is closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
SMA
WP(C) NO. 35114 OF 2023
APPENDIX OF WP(C) 35114/2023
PETITIONER EXHIBITS :-
Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.GSR
609 (E) DATED 22.08.2014
Exhibit P2 TRUE COPY OF THE CIRCULAR NO.
IWU(7)/(25/)2017/PAYMENT OF PF AND
WITHDRAWAL BENEFITS DATED 23.03.2017
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE 3RD PETITIONER BEFORE EPF
ORGANIZATION REGIONAL OFFICE, KOZHIKODE
DATED 23.04.2021
Exhibit P4 THE TRUE COPY OF THE JOINT OPTION
SUBMITTED THE PETITIONERS
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
25.09.2023 SUBMITTED BY THE 4TH
PETITIONER TO THE 2ND RESPONDENT
Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WPC
NO.19650 OF 2019 DATED 11.09.2023
