Kerala High Court
Mathew E.K vs Union Of India on 25 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:79523
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 16786 OF 2023
PETITIONERS:
1 MATHEW E.K,
AGED 63 YEARS
S/O KURUVILA E.V, P.P.O. NO.KR/KTM/00043671,
RESIDING AT ERUPPAYIL HOUSE,
PUNNATHURA WEST P.O.,
ETTUMMANOOR, KOTTAYAM,
KERALA, PIN - 686631
2 RAJENDRAN .R
AGED 60 YEARS
S/O S.RAGHAVAN PILLAI,
P.P.O. NO.KR/KTM/00046298, THANAL,
ARAMPUNNA ELAMBAL P.O.,
PUNALUR, KOLLAM, KERALA,
PIN - 691322
3 RAJASEKHARAN NAIR R
AGED 61 YEARS
S/O P.N.RAMAKRISHNAN NAIR,
P.P.O. NO. KR/KTM/00045616,
SOUPARNIKA, PRA 6A,
KANJIRAMATTOM ROAD, THODUPPUZHA EAST P.O.,
THODUPPUZHA
IDUKKI DISTRICT., PIN - 68558
W.P.(C) No.16786/2023
:2:
4 JAMES CHACKO
AGED 60 YEARS
S/O OUSEPH CHACKO,
P.P.O. NO. KR/KTM/00046571,
RESIDING AT KALAPPURAYIL HOUSE,
KARIMANNOOR P.O., THODUPPUZHA,
IDUKKI, KERALA, PIN - 685581
5 RETNAMMA K
AGED 62 YEARS
W/O. DAYADASAN K.M.,
P.P.O. NO. KR/KTM/00044841 ,
RESIDING AT "DHANYA HOUSE",
MEVELLOOR P.O.,
VELLOOR, PIN - 686609
6 JOSEPH SEBASTIAN
AGED 62 YEARS
S/O K.J. SEBASTIAN,
P.P.O. NO. KR/KTM/00042499,
RESIDING AT KANIYAMPARAMBIL HOUSE,
MALAKUNNAM P.O.,
CHANGANACHERRY,
KOTTAYAM, PIN - 686535
7 MOLLEY T
AGED 61 YEARS
S/O RAJAN PHILIP,
P.P.O. NO. KR/KTM/00044496 ,
RESIDING AT OLASSAYIL HOUSE,
KARIKODE P.O., PERUVA,
KOTTAYAM, PIN - 686610
8 SUNNY BABY
AGED 64 YEARS
C/O BABY P.V.,
P.P.O. NO. KR/KCH/00098182 , RESIDING AT
PARAMBATHOOR HOUSE,
MEKKADU P.O., KARIYAD,
ERNAKULAM, PIN - 683589
W.P.(C) No.16786/2023
:3:
9 THANKAPPAN P.G
AGED 65 YEARS
S/O GOVINDAN ,
P.P.O. NO. KR/KKD/00061749,
RESIDING AT PANIKKASSERY HOUSE,
KOORACHUNDU P.O.,
KOZHIKODE, PIN - 673527
0 K.B.MOHANAN
AGED 66 YEARS
S/O K.BHASKARAN PILLAY,
P.P.O. NO. KR/KTM/00036733,
RESIDING AT HNL QUARTERS,
A110, NEWSPRINT NAGAR P.O.,
KOTTAYAM, KERALA, PIN - 686616
11 PRAKASH KUMAR P
AGED 64 YEARS
S/O M.P. PRABHAKARAN PILLAI,
P.P.O. NO.KR/KTM/00037004,
RESIDING AT ANAKKALIL HOUSE,
KOTTANKUTLLAGARA P.O.,
ALLEPPEY, PIN - 688006
12 SATHEESAN G
AGED 65 YEARS
S/O G.GOPALAN,
P.P.O. NO. KR/KTM/00036893 ,
RESIDING AT SANGEETHIKA NEAR KIZHAKKEKKARA,
DHARMASASTHA.
SREE BHADRAKALI TEMPLE,
VELLOOR P.O., KOTTAYAM, PIN - 686003
13 PRAKASH C.T
AGED 67 YEARS
S/O THANKAPPAN,
P.P.O. NO. KR/KCH/00128862,
RESIDING AT CHULLIPARAMBIL HOUSE,
KARATTUPALLIKARA,
PERUMBAVOOR, PIN - 683542
W.P.(C) No.16786/2023
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14 BABU K.U
AGED 65 YEARS
S/O K.N.UNNAN,
P.P.O. NO. KR/KCH/00101521,
RESIDING AT KALAPPURAKKAL,
OLANADU VARAPPUZHA P.O.,
PIN - 683517
15 RAJAGOPALAN K
AGED 66 YEARS
S/O K.GOPALAKRISHNAN MENON,
P.P.O. NO. KR/KCH/00099456,
RESIDING AT DD PLATINUM PLANET,
TOWER 2, ROOM NO. 10K,
KATHRIKADAVU, THAMMANAM P.O.,
PIN - 682017
16 MADHUSOODHANAN NAIR P.D
AGED 61 YEARS
S/O DAMODHARAN,
P.P.O. NO.KR/TVM/00087509,
RESIDING AT MANNUMKAL HOUSE,
MADAMON P.O.,
PATHANAMTHITTA, PIN - 689711
17 N.B.PEETHAMBARAN
AGED 66 YEARS
S/O N. BALAKRISHNAN,
P.P.O. NO.KR/KCH/00088612,
RESIDING AT NANDIKARA HOUSE,
KANNAMKULANGARA,
KOORKENCHERY P.O.,
THRISSUR, PIN - 680007
18 THANKAMONY T.K
AGED 63 YEARS
W/O S. AJAYAKUMAR,
P.P.O. NO. KR/KCH/00103055,
RESIDING AT KARIYIL HOUSE,
CHENGANDA, VARANADU P.O,
CHERTHALA, ALAPPUZHA-,
PIN - 688539
W.P.(C) No.16786/2023
:5:
19 MOHANAN K.P
AGED 66 YEARS
S/O PADMANABHAN K.M,
P.P.O. NO.KR/KTM/00035599,
RESIDING AT KARIPURATHU HOUSE,
ERUMPAYAM P.O., VELLOOR,
THALAYOLAPARAMBU,
KOTTAYAM, PIN - 686605
20 AUGUSTINE T.A
AGED 63 YEARS
S/O AUGUSTHY AUGUSTHY,
P.P.O. NO.KR/KTM/00040847,
RESIDING AT THOTTUMKAL,
AMALAGIRI P.O., KOTTAYAM,
PIN - 686561
21 JOSEPH K.C
AGED 63 YEARS
S/O CHACKO ,
P.P.O. NO.KR/KTM/00041707,
RESIDING AT KALAMBUKATTU HOUSE,
SREEKANDAMANGALAM P.O.,
ATHIRAMPUZHA, KOTTAYAM,
PIN - 686562
22 ANTONY K.P
AGED 65 YEARS
S/O PAPPU K.O.,
P.P.O. NO.KR/KTM/00035700,
RESIDING AT KACHAPPILLY HOUSE,
NEAR VRINDHAVAN STOP,
NORTH PARAVUR, ERNAKULAM,
PIN - 683513
23 AMBIKA.K
AGED 61 YEARS
W/O. T.M. DINESAN,
P.P.O. NO.KR/KTM/00043734,
RESIDING AT KANDATHIL HOUSE,
THALAYALAPARAMBU P.O.,
KOTTAYAM, PIN - 686605
W.P.(C) No.16786/2023
:6:
24 JAYAN. P.P
AGED 64 YEARS
S/O PENGAN P.G,
P.P.O. NO.KR/KCH/00109203,
RESIDING AT PAMBOOR HOUSE,
PURATHUR, ALAPPAD P.O,
THRISSUR, PIN - 680641
25 RAVEENDRAN NAIR T.M
AGED 65 YEARS
S/O P.K.MADHAVAN NAR,
P.P.O. NO.KR/KTM/00035809,
RESIDING AT THEKKINPRAMPIL HOUSE,
VELLOR P.O, KOTTYAM,
PIN - 686501
26 ULAHANNAN M.A
AGED 66 YEARS
S/O AUGUSTINE M,
P.P.O. NO.KR/KTM/00035603,
RESIDING AT MECHERIL HOUSE,
IRUMPAYAM P.O.,
KOTTAYAM, PIN - 686605
27 VARGHESE P.P
AGED 63 YEARS
S/O PAILY P.V.,
P.P.O. NO.KR/KTM/00040416,
RESIDING AT PULIYALAYIL HOUSE,
IRUMPAYAM P.O., VELLOOR,
KOTTAYAM,, PIN - 686605
28 THULASI PISHARASIAR N
AGED 66 YEARS
C/O MOHANDAS K.,
P.P.O. NO.KR/KCH/00090574,
RESIDING AT THULASIVANAM,
MUTHOLAPURAM P.O, ELANJI VIA,
ERNAKULAM, PIN - 686665
W.P.(C) No.16786/2023
:7:
29 JOSE PAUL
AGED 66 YEARS
C/O N.O.PAILY,
P.P.O. NO.KR/KCH/00096299,
RESIDING AT NARIKUNNEL,
ELANJ P.O., ERNAKULAM,
PIN - 686665
30 RAJEEV M.K
AGED 63 YEARS
C/O P.K.KUTTAN PILLAI,
P.P.O.NO.KR/KLM/00112988,
RESIDING AT AMMAVEEDEE,
MUKUNDAPURAM CHAVARE,
KOLLAM, PIN - 691585
31 USHA J
AGED 65 YEARS
C/O AYYAPPAN CHETTIAR,
P.P.O. NO.KR/KTM/00038564,
RESIDING AT USHUS, NO.13,
ROSE MOUNT VILLAS,
KATTACHIRA P.O, ETTUMANOOR,
KOTTAYAM, PIN - 686572
32 SUBHADRA AMMA S
AGED 66 YEARS
C/O G.VASU DEVEN NAIR,
P.P.O. NO.KR/KTM/00033554,
RESIDING AT PANACKAL HOUSE,
PANAVALLY P.O, CHERTHALA,
ALLAPUZHA, PIN - 688526
33 SASIDHARAN PILLAI .S
AGED 65 YEARS
C/O P.K.SREEDHARANPILLAI,
P.P.O. NO.KR/KTM/00038341,
RESIDING AT SREEDHARAS,
MEENATHUCHERY, KAVANADU P.O,
KOLLAM, PIN - 691003
W.P.(C) No.16786/2023
:8:
34 SUKUMARAN NAIR T.R
AGED 65 YEARS
S/O.P.RAGHAVAN NAIR,
P.P.O. NO.KR/KTM/00037973,
RESIDING AT NANDANAM,
POOZHIKOL P.O, KOTTAYAM,
PIN - 686604
BY ADVS.
R.SANJITH
C.S.SINDHU KRISHNAH
RESPONDENTS:
1 UNION OF INDIA,
MINISTRY OF LABOUR AND EMPLOYMENT,
DEPARTMENT OF EMPLOYMENT,NEWDELHI-.
REPRESENTED BY THE SECRETARY,
PIN - 110001
2 THE EMPLOYEES PROVIDENT FUND ORGANISATION
REPRESENTED BY THE CHIEF PROVIDENT
COMMISSIONER,
BHAVISHYA NIDHI BHAVAN, 14,
BHIKAJI CAMA PALACE, NEW DELHI-110066
3 REGIONAL PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANISATION BHAVISHYA
NIDHI BHAWAN,
ADITYA SABARI TOWER,
POST OFFICE ROAD,THIRUNAKKARA,
KOTTAYAM, KERALA -686001
4 HINDUSTAN NEWSPRINT LIMITED (HNL),
NEWSPRINT NAGAR, PIRAVOM ROAD,
VELLOOR, KERALA
REPRESENTED BY ITS GENERAL MANAGER,
PIN - 686616
W.P.(C) No.16786/2023
:9:
5 KERALA PAPER PRODUCTS LIMITED (KPPL)
(A GOVERNMENT OF KERALA UNDERTAKING),
NEWSPRINT NAGAR, KOTTAYAM,
KERALA
REPRESENTED BY ITS AUTHORIZED SIGNATORY,
PIN - 686616
BY ADVS.
SRI.S.JUSTUS, CGC
SMT.NITA N.S
SRI.ABEL TOM BENNY
SRI.BENNY P.THOMAS
SRI.D.PREM KAMATH(K/1285/1998)
SRI.TOM THOMAS (KAKKUZHIYIL)(K/000821/2008)
SMT.AMRUTHA SELVAM(K/001249/2023)
PRAISY THOMAS(CG/249/2020)
SRI.GENTLE C.D.(K/62/2022)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 25.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C) No.16786/2023
: 10 :
N. NAGARESH, J.
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W.P.(C) No.16786 of 2023
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Dated this the 25th day of October, 2024
JUDGMENT
~~~~~~~~~
Petitioners are employees retired on
superannuation from the 4th respondent-Hindustan News
Print Limited (HNL), a Central Government Public Sector
Undertaking. The petitioners state that being employees
who have retired subsequent to 01.09.2014, they are entitled
to the benefit of the judgment of the Hon'ble Supreme Court
in Employees Provident Fund Organisation and another
v. Sunil Kumar B. and others [2022 SCC Online SC 1521].
2. In the light of the judgments of the Supreme Court,
the petitioners have to submit joint option forms. The
petitioners claim that they had exercised joint option along
with their employer and had submitted physical copy of joint
option. The said joint option was not processed.
3. The HNL was taken over by the Kerala Paper
Products Limited (KPPL) in the interregnum. The grievance
projected by the petitioners is that the petitioners have to
exercise their option physically in order to get the benefits of
the judgments of the Supreme Court. The 5 th respondent-
KPPL is not endorsing the joint option forms, contending that
they are not the employer of the petitioners, as the
petitioners had retired before their taking over HNL.
4. Though the petitioners have sought multiple reliefs
in the writ petition, at the time of hearing, the petitioners
submitted that they will be satisfied if this Court directs the 5 th
respondent to endorse their joint option forms. The
petitioners undertake that pursuant to the exercise of joint
option, if employer's PF contribution have to be made or if
any administrative charges are to be paid, the petitioners
shall pay the same themselves without burdening the 5 th
respondent.
5. The Standing Counsel for the 5th respondent
submitted that as per the terms and conditions under which
the 5th respondent has taken over HNL, the 5 th respondent
has paid ₹145 Crores and the 5 th respondent is not liable for
any PF contribution in respect of the petitioners or any other
employees who retired from service prior to the take over. A
direction by this Court to the 5 th respondent to endorse the
joint option forms of the petitioners would give rise to legal
problems for the 5th respondent inasmuch as the Provident
Fund Authorities and other statutory bodies may take it as a
reason to treat the 5th respondent as employer of workmen
who retired prior to take over and to hold the 5 th respondent
responsible for transactions and liabilities arising prior to the
take over of HNL.
6. It is submitted by the petitioners as well as the
respondents that the liability of the 5 th respondent vis-a-vis
the transactions of the HNL is subject matter in an SLP
pending before the Hon'ble Supreme Court.
7. Heard.
8. As the status of the 5 th respondent -KPPL as
successor to the HNL, is an issue that may come up for
consideration before the Hon'ble Apex Court, it would be
inappropriate for this Court to delve upon that issue. At the
same time, this Court cannot ignore the agony of the retired
employees of HNL like the petitioners herein in getting due
pension from the Employees Provident Fund Organisation.
The 5th respondent has stated that any order to endorse the
joint option forms of the petitioners by the 5 th respondent
would adversely affect the interest of the 5 th respondent in
the litigations between the petitioner and EPFO. On the
other hand, the petitioners submit that they do not want to
burden the 5th respondent with any financial liability in the
matter and that if the EPFO finds any amount towards PF
contribution relating to the petitioners are found payable
pursuant to the exercise of joint option, the petitioners
themselves will make good the same.
9. As the real employer of the petitioners i.e., HNL, is
no more in the picture, it would be too harsh if the pensioners
like the petitioners are denied the benefit of revision of
pension flowing from the judgment of the Hon'ble Apex
Court. In the said circumstances, I am of the firm view that in
the interest of justice, the writ petition can be disposed of
with appropriate direction, without affecting in any manner
any other pending or future litigation in which the 5 th
respondent is a party.
10. The writ petition is accordingly disposed of with
the following directions:
(i) If the petitioners tender joint option forms before
the 5th respondent, then the 5th respondent shall endorse the
joint option forms on the petitioners satisfying other
requirements, if any. The 5th respondent shall endorse and
return such joint option forms given by the petitioners within a
period of four weeks from the date of tendering such forms
by the petitioners.
(ii) It is made clear that the above direction is given
only to enable the petitioners to avail the benefit of PF
pension to which they are entitled to. This direction will not in
any manner affect the legal issue whether the 5 th respondent
KPPL is the employer of HNL employees who retired prior to
2021.
(iii) This order shall not in any manner affect or
influence any other pending or future litigation or
proceedings between the EPFO and the 5 th respondent
before any other Court, Tribunal or Forum.
(iv) If the petitioners submit joint option forms in
physical forms duly endorsed by the 5 th respondent, the 3rd
respondent shall accept and process the same.
(v) On receipt of joint option forms of the petitioners,
the 3rd respondent shall process the joint options on the basis
of the available documents provided by the 5 th respondent
and finalise the matter within a period of six months from the
date of receipt of joint option.
(vi) A decision in this regard shall be taken in the light
of the judgment of the Hon'ble Apex Court in Employees
Provident Fund Organisation and another (supra).
(vii) The issue whether the 5th respondent has any
liability towards employees like the petitioners who retired
from service prior to the take over of HNL, would depend on
and would be subject to the decision to be taken by the
Hon'ble Apex Court in Civil Appeal No.31624/2023.
Sd/-
N. NAGARESH, JUDGE
aks/25.10.2024
APPENDIX OF WP(C) 16786/2023
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE CIRCULAR BEARING
NO.PENSION/2022/56259/16541 DATED
20/02/2023 ISSUED BY THE 2ND
RESPONDENT
Exhibit P2 TRUE COPY OF THE SCREENSHOTS OF THE
ONLINE PORTAL
HTTPS://UNIFIEDPORTALMEM.EPFINDIA.
GOV.IN/MEMBERINTERFACEPOHW/NOAUTH/PENS
IONONHIGHERWAGES/UAN/HOME?
_HDIV_STATE_=1903D89AFC8FE2909B27C5805
B17082E723
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED
04.11.2022 IN EPFO & ANR. ETC. VS.
SUNIL KUMAR B. & ORS., SLP (C) NO.
8658-8659 OF 2019
Exhibit P4 TRUE COPY OF THE NOTIFICATION BEARING
NO.S.O.2060(E) DATED 03/05/2023
Exhibit P5 TRUE COPY OF THE NOTIFICATION BEARING
NO.S.O.2061(E) DATED 03/05/2023
Exhibit P6 TRUE COPIES OF THE COVERING LETTERS
FOR THE JOINT OPTION SUBMITTED BY
PETITIONERS AND THE 4TH RESPONDENT
Exhibit P7 TRUE COPY OF LETTER DATED 20.11.2023
WITH REFERENCE NO. KR/ KTM/ 10290
/SPECIAL CELL (PENSION)/GENL.FILE/
2023/HP-1730
