V.Harikumar vs Union Of India
2025 Latest Caselaw 3309 Ker

Kerala High Court

V.Harikumar vs Union Of India on 11 August, 2025

Author: K. Babu

Bench: K. Babu

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR.JUSTICE K. BABU

   MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947

                    WP(C) NO. 21294 OF 2025

PETITIONERS:
     1    V.HARIKUMAR
          AGED 62 YEARS
          S/O BALACHANDRAN NAIR, HARI NIVAS, PADINJATTINKARA,
          KOTTARAKKARA, KOLLAM, P.P.O.NO.KR/KLM/0012 0588,,
          PIN - 691531

    2     N.AJITHKUMAR
          AGED 61 YEARS
          SOORYAMANGALAM, THURUTHIKKARA P.O, KUNNATHUR,
          KOLLAM, P.P.O.NO.KR/KLM/0013 0258,, PIN - 690540

    3     J.JOHN
          AGED 61 YEARS
          SOORYAMANGALAM, THURUTHIKKARA P.O, KUNNATHUR,
          KOLLAM, P.P.O.NO.KR/KLM/0013 0258,, PIN - 690540

    4     K.G.SANTHOSHKUMAR
          AGED 60 YEARS
          THEJUS, VELIYAM P.O, KOTTARAKKARA, KOLLAM,
          P.P.O.NO.KR/KLM/0013 2735,, PIN - 691540

    5     S.SUDARSANAN
          AGED 60 YEARS
          SREEVILASAM, KAITHAYIL, NETTAYAM, ELAMAD P.O,
          KOLLAM, P.P.O.NO.KR/KLM/001 35443,, PIN - 691537

    6     V.CHELLACHAN VARGHESE
          AGED 62 YEARS
          LITTLE FLOWER HOUSE, CHEMMANTHOOR P.O, PUNALUR,
          KOLLAM, P.P.O.NO.KR/KLM/0011 9887,, PIN - 691305

    7     SOMARAJAN MATHU,
          AGED 61 YEARS
          SOUPARNIKA, IVERKALA EAST P.O, PUTHUR, KOLLAM,
          P.P.O.NO.KR/TVM/0009 0250,, PIN - 691507
    8     PRASANNAKUMARI.A.R,
          AGED 61 YEARS
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          374 OTTATHENGIL HOUSE, KANDIYOOR, THATTARAMBALAM
          P.O, MAVELIKKARA, KANNAMANGALAM, ALAPPUZHA,
          P.P.O.NO.KR/KCH/0012 1065,, PIN - 690103

    9     REMESAN.V,
          AGED 64 YEARS
          CHOORALACKEL, PILAPPUZHA, HARIPPAD, ALAPPUZHA,
          P.P.O.NO.KR/KCH0010 3843,, PIN - 690514

    0     LALITHAMMA.K.S
          AGED 60 YEARS
          177, CHENNAMANGALATHU, KANDIYOOR, MAVELIKKARA,
          VTC KANNAMANGALAM, ALAPPUZHA,
          P.P.O.NO.KR/KCH/0012 4538,, PIN - 690103

    11    ANILKUMAR.A
          AGED 59 YEARS
          VADAKKADATHU VEEDU, KIDANGAYAM KANNIMEL, NORTH
          MYNAGAPPALLY P.O, KOLLAM P.P.O.NO.KR/KLM/0013
          5054, PIN - 690519

    12    K.BASHEER
          AGED 59 YEARS
          PUNNAKKUKULANGARA, VADAKKUMTHALA EAST P.O,
          KARUNAGAPPALLY, KOLLAM UAN NO.1001 0869 5491.,
          PIN - 690536

    13    M.SREEKUMAR
          AGED 62 YEARS
          SREESAILAM, 20/820 (2), MUDAVANMUGAL,
          THIRUVANANTHAPURAM P.P.O.NO.KR/TVM/0009 1331.,
          PIN - 695012

    14    R.AJITHAKUMARI
          AGED 64 YEARS
          SIVAKRIPA, CHIRAYINKEEZHU P.O, THIRUVANANTHAPURAM
          P.P.O.NO.KR/TVM/0008 9030., PIN - 695304

          BY ADVS.
          SHRI.P.N.MOHANAN
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          SRI.C.P.SABARI
          SMT.AMRUTHA SURESH
          SHRI.GILROY ROZARIO
RESPONDENTS:

    1     UNION OF INDIA
          (UOI),REPRESENTED BY THE SECRETARY TO GOVERNMENT
          OF INDIA, MINISTRY OF LABOUR & DEPARTMENT OF
          EMPLOYMENT, NEW DELHI, PIN - 110001
    2     REGIONAL PROVIDENT FUND COMMISSIONER
          EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO),
          BHAVISHANIDHI BHAVAN, PATTOM PALACE,
          THIRUVANANTHAPURAM., PIN - 695004
    3     REGIONAL PROVIDENT FUND COMMISSIONER
          SUB REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND
          ORGANISATION (EPFO), BHAVISHANIDHI BHAVAN,
          KOLLAM, PIN - 691001
    4     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,
          PIN - 110066
    5     THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK
          PRODUCERS UNION LTD
          NO.T 177 D APCOS, REPRESENTED BY MANAGING
          DIRECTOR, KSHEERA BHAVAN, PATTOM,
          THIRUVANANTHAPURAM, PIN - 695004

          BY ADVS.
          SMT.SREELAKSHMI SURESH, CGC
          SMT.NITA.N.S., SC EPFO
          SMT.LATHA ANAND, SC - R5


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(c) No.21294/2025
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                       K.BABU.,J
            ---------------------
                W.P.(c) No.21294 of 2025
         ---------------------------
          Dated this the 11th day of August, 2025

                            JUDGMENT

The prayers in this Writ Petition are as follows:-

(i) Call for the records leading to issue Ext.P10 and similar orders issued to other petitioners and quash the same by issuing a writ of certiorari or any other appropriate writ order or direction.

(ii) Declare that all the petitioners are entitled to get higher pension within the time frame fixed by this Hon'ble Court.

(iii) Declare that since issuing Ext.P6 order in the light of Ext.P1 Judgment to collect the contribution for the period from April, 2004 to October 2006 amounting to Rs.40,03,150/- with interest of Rs.1,64,137/- on 16.11.2006 and October 2007 to February 2008 amounting to Rs.13,00,684/- with interest of Rs.11,879/- on 26.03.2008, as evidenced by Ext.P7 and P8, which attained finality inter parties cannot reopen under para 44 (iv) of the Sunil

2025:KER:59893

Kumar Judgment, in the light of Ext.P11 Judgment of the Hon'ble Supreme Court.

(iv) Declare that petitioners are entitled to get 12% interest in terms of para 17A of the Pension Scheme, 1995.

(v) Declare that Ext.P12 and P13 Judgments are covered in favour of the petitioner as it hit by principles of issue estoppel.

(vi) Grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case.'

2. Heard the learned counsel for the petitioners,

Smt.Sreelakshmi Suresh, the learned Central Government

Counsel and the learned Government Pleader.

3. The petitioners are the retired employees of the

Thiruvananthapuram Regional Co-operative Milk Producers

Union (5th respondent). While in service, the petitioners

were enrolled in contributory Employees' Provident Funds

Scheme, 1952. It is submitted that the petitioners made

contributions to the scheme based on the actual salary

2025:KER:59893

drawn since entering the service till retirement except for

the following periods:-

"1. Contributory period from April 2004 to October 2006 and

2. Contributory period from October 2007 to February 2008."

4. It is submitted that during the above period

contributions were made to the Provident Fund Scheme

limiting to statutory limit of Rs.5,000/- or Rs.6,500/- as the

case may be. It is further submitted that the management

was permitted to contribute to the Provident Fund based on

the actual salary for the above period, with arrears and

interest accrued to the Employees Provident Fund

Authorities.

5. The claims for higher pension based on actual salary

made by the employees were rejected as per Ext.P10 order

on the ground that the employees and the employer had

not contributed on the actual wages under paragraph 26 (6)

of the Employees' Provident Funds Scheme, 1952 on salary

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exceeding the statutory ceiling limit.

6. The learned counsel for the petitioners submitted

that payment was later made in lump by Exts.P7 and P8,

and therefore, there was compliance of paragraph 26 (6) of

the Employees' Provident Funds Scheme, 1952.

7. The only contention raised by the respondents is

that the amount received was not appropriated to the

respective months, and therefore, the petitioners are not

eligible for higher pension.

8. Admittedly, the Employees' Provident Fund

Organization has received the contribution from both the

employees and employer under paragraph 26 (6) of the

Scheme for the period from April 2004 to October 2006 and

October 2007 to February 2008. The statements showing

month-wise break-up of the lump sum remittance for the

said period is also placed on record. Admittedly, the

administrative charges were also paid as provided in

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paragraph 26 (6).

9. In W.P.(C) No.40261/2024, while dealing with a

similar factual situation, this Court held that the employees

and employer having complied with the requirements under

paragraph 26 (6) of the EPF Scheme and the Employees'

Provident Fund Organization accepted the contribution, they

cannot deny the employees the benefit of higher pension.

10. Following the principles enunciated by this Court

and the further fact that the Employees' Provident Fund

Organization accepted the contributions as provided in

paragraph 26 (6) of the Scheme, Ext.P10 and similar orders

are set aside. It is declared that the petitioners are entitled

to get higher pension on the actual wages.

11. Respondent Nos. 2 and 3 are directed to take

consequential steps to disburse higher pension to the

petitioners based on the split-up data submitted by the

employer (5th respondent), within a period of three months

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from the date of receipt of a certified copy of this judgment.

The Writ Petition is disposed of.

Sd/-

K.BABU JUDGE bng

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APPENDIX OF WP(C) 21294/2025

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 20.11.2014 IN W.P.(C). NO.30882/2014 EXHIBIT P2 TRUE COPY OF THE NOTIFICATION HAVING NO.GSR 609 (E) DATED 22.08.2014 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 04.10.2016 IN R.C.GUPTA VS. REGIONAL PF COMMISSIONER AS REPORTED IN 2018 (14) SCC 809 EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 04.11.2022 IN EMPLOYEES PROVIDENT FUND ORGANIZATION AND ANOTHER V. SUNIL KUMAR B AND OTHERS REPORTED IN 2022 (7) KHC 12 (SC) EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 09.03.2004 IN W.A.NO.1591/ 2003 EXHIBIT P6 TRUE COPY OF THE LETTER DATED 16.08.2016 OF THE SECOND RESPONDENT EXHIBIT P7 TRUE COPY OF THE LETTER DATED 22.12.2006 ADDRESSED TO THE SECOND RESPONDENT BY THE SEVENTH RESPONDENT ALONG WITH THE CHALAN FOR RS.40,03,150/- DATED 16.11.2006 EXHIBIT P8 TRUE COPY OF THE LETTER DATED 31.03.2008 OF THE SEVENTH RESPONDENT ADDRESSED TO THE SECOND RESPONDENT ALONG WITH THE CHALAN FOR RS.13,12,563/- DATED 26.03.2008 EXHIBIT P9 TRUE COPY OF THE LETTER DATED 11.11.2024 OF THE FOURTH RESPONDENT TO THE SECOND RESPONDENT EXHIBIT P10 TRUE COPY OF THE ORDER DATED 01.02.2025 OF THE SECOND RESPONDENT IN RESPECT OF SRI.SREEKUMAR EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN THE CASE

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OF UNION OF INDIA V. CENTRAL ADMINISTRATIVE TRIBUNAL REPORTED IN 2002 KHC 175 EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 10.12.2024 IN W.P.(C).NO15353/2024 EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 24.02.2025, IN W.P.(C).NO.1932/2025 EXHIBIT P14 TRUE COPY OF THE ORDER DATED 23.05.2025 OF THE CENTRAL PF COMMISSIONER