Sankaran Nair.P vs Union Of India
2024 Latest Caselaw 12624 Ker

Kerala High Court

Sankaran Nair.P vs Union Of India on 21 May, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

WP(C) No.25903/2020                        1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
              Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
                            WP(C) NO. 25903 OF 2020(K)
   PETITIONER:

          SANKARAN NAIR.P, VINAYAKAMTHOPPIL, THRIKKAKKARA P.O., ERNAKULAM-682
          021, P.P.O.NO.KR/KCH/00097405, UAN NO.100335470259.

   RESPONDENTS:

      1. UNION OF INDIA (UOI), REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
         INDIA, MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT, NEW
         DELHI-110 001.
      2. REGIONAL PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE, EMPLOYEES
         PROVIDENT FUND ORGANISATION (EPFO), BHAVISHANIDHI BHAVAN, KALOOR,
         ERNAKULAM-682 017.
      3. EMPLOYEES PROVIDENT FUND TRUSTEE, REPRESENTED BY MANAGING TRUSTEE,
         EMPLOYEES PROVIDENT FUND OFFICE, BHAVISHYA NIDHI BHAVAN, WAZIRPUR,
         NEW DELHI-110 052.
      4. REGIONAL PROVIDENT FUND COMMISSIONER-1 (PENSION), BHAVISHYA NITHI
         BHAVAN, 14-BHIKAJI CAMA PALACE, NEW DELHI-110 066.
      5. TECHNI BHARATHI PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR,
         34/136A, BY-PASS ROAD, EDAPPALLY, KOCHIN-24, PIN-682 024.


        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 issue a direction, to the second respondent to collect pension
   contribution towards the E.P.F. Pension Scheme of the petitioner on the
   basis of actual salary drawn by him in the light of Exhibit P12 Judgment
   and to revise the pension from the date of joining the scheme, pending
   disposal of the writ petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. P.N.MOHANAN, AMRUTHA SURESH, C.P.SABARI, Advocates for the
   petitioners, DEPUTY SOLICITOR GENERAL OF INDIA for the 1st respondent
   (B/o.) and of SRI.SAJEEV KUMAR K.GOPAL, STANDING COUNSEL for the
   respondents 2 to 4, the court passed the following:


                                                                 P.T.O
 WP(C) No.25903/2020                           2/3




                          DINESH KUMAR SINGH, J.
                          ------------------------------------
                          W.P (C.) No.25903 of 2020
                          ------------------------------------
                      Dated this the 21st day of May, 2024

                                        ORDER

Sri.Sajeev Kumar K.Gopal, learned Standing Counsel

appearing for respondents 2 to 4 submits that he has to

ascertain whether this petition is covered by the judgment

of the Supreme Court in the case of Employees'

Provident Fund Organisation and another v. Sunil

Kumar B and others [ 2022 (7) KHC 12] and seeks time to

file an affidavit.

Post on 06.06.2024.

Sd/-

DINESH KUMAR SINGH

JUDGE AP

21-05-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 25903/2020 EXHIBIT P12 A TRUE COPY OF THE JUDGMENT REPORTED IN ILR 2019 (1) KER 614.

21-05-2024 /True Copy/ Assistant Registrar