Kerala High Court
Kuruvilla Philip vs Union Of India on 4 March, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) NO. 8513 OF 2025 : 1 :
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946
WP(C) NO. 8513 OF 2025
PETITIONERS:
1 KURUVILLA PHILIP, AGED 63 YEARS
S/O LATE C.P KURUVILLA, MANAGER (RETIRED),
KERALA ELECTRICALS & ALLIED ENGINEERING
COMPANY LTD, MAMALA, ERNAKULAM,
RESIDING AT CAPPIL HOUSE, PUNNAKUNNAM P.O,
ALAPPUZHA DIST. PIN:, PIN - 688504
2 MINI. E.NINAN, AGED 65 YEARS
W/O GEORGE VARKEY, MANAGER ( RETIRED),
KERALA ELECTRICALS & ALLIED ENGINEERING
COMPANY LTD, MAMALA, ERNAKULAM, RESIDING AT
APARTMENT NO.7D, OAKWOOD APARTMENTS, SKYLINE
CITY PARK, JAWAHAR NAGAR,
KADAVANTHRA, KOCHI-, PIN - 682020
3 T. SANTHOSH MATHAI, AGED 65 YEARS
S/O T.V MATHAI, MANAGER (RETIRED),
KERALA ELECTRICALS & ALLIED ENGINEERING
COMPANY LTD, MAMALA, ERNAKULAM,
RESIDING AT THACKIRICAL HOUSE, CHELAD PO,
KALLAD, KOTHAMANGALAM, PIN:, PIN - 686681
4 RAJAN VELAYUDHAN, AGED 61 YEARS
S/O VELAYUDHAN K A, ENGINEER (RETIRED),
KERALA ELECTRICALS & ALLIED ENGINEERING
COMPANY LTD, MAMALA, ERNAKULAM,
RESIDING AT KAROTTAPURAM HOUSE,
MUDAKKUZHA P.O, ERNAKULAM DISTRICT, PIN -
683546
5 K.R SREEKUMARI, AGED 64 YEARS
D/O KN VISWANATHAN NAIR AND W/O M
WP(C) NO. 8513 OF 2025 : 2 :
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RADHAKRISHNAN, DEPUTY GENERAL MANGER (RETIRED),
KERALA ELECTRICALS & ALLIED ENGINEERING COMPANY
LTD, MAMALA, ERNAKULAM,
RESIDING AT G-15, SREERAGAM, GANDHINAGAR,
PUDUPPARIYARAM P.O, PALAKKAD,, PIN - 678731
6 MOHAMMED K, AGED 62 YEARS
S/O ABDULLA K, MANGER (RETIRED), KERALA
ELECTRICALS AND ALLIED ENGINEERING COMPANY LTD,
REGIONAL OFFICE, PANAMPILLY NAGAR, ERNAKULAM,
RESIDING AT CHIRAKKAL, KIRALI ROAD, BALUSSERRY
P.O, KOZHIKODE,, PIN - 673612
7 K.J LOUIS, AGED 62 YEARS
S/O K.L JOSEPH, FORMAN GRADE-I (RETIRED),
KERALA ELECTRICALS & ALLIED ENGINEERING COMPANY
LTD, MAMALA, ERNAKULAM,
RESIDING AT KURUSINKAL HOUSE, KAKKAD,
MAMALA PO, ERNAKULAM DISTRICT- 682305
8 C V MATHAI, AGED 62 YEARS
S/O VARGHESE, FORMAN GRADE-I (RETIRED),
KERALA ELECTRICALS & ALLIED ENGINEERING COMPANY
LTD, MAMALA, ERNAKULAM, RESIDING AT CHAMBILLIL
HOUSE, AIRAPURAM PO, KILIKULAM,
ERNAKULAM, PIN - 683541
9 JYOTHIKUMARI P R, AGED 62 YEARS
W/O SURESHKUMAR B, DEPUTY GENERAL MANAGER
(RETIRED), KERALA ELECTRICALS & ALLIED
ENGINEERING COMPANY LTD, MAMALA, ERNAKULAM,
RESIDING AT 3A, ASHA HERMITAGE,
NEW KOTTAKKAKAM ROAD, THRIPPUNITHURA,
THRIPPUNITHURA P.O, ERNAKULAM, PIN - 682301
0 SNEHALATHA T.V, AGED 61 YEARS
W/O K NARAYANAN, DEPUTY GENERAL MANGER
(RETIRED), KERALA ELECTRICALS & ALLIED
ENGINEERING COMPANY LTD, MAMALA, ERNAKULAM,
RESIDING AT ANNAPOORNA, THIRUVAMKULAM,
ERNAKULAM DISTRICT,, PIN - 682305
11 N R SUNITHA, AGED 65 YEARS
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W/O KALADHARAN T.G, GENERAL MANAGER (RETIRED),
KERALA ELECTRICALS & ALLIED ENGINEERING COMPANY
LTD, MAMALA, ERNAKULAM DISTRICT, RESIDING AT
CRA 133, 35/1145B, THAMBIPARAMBIL HOUSE,
CHAKKUNGAL ROAD, PALARIVATTOM P O,
ERNAKULAM,, PIN - 682025
12 BHAGYALASHMI RAMAKRISHNAN, AGED 64 YEARS
, W/O B. VARADARAJAN, STENOGRAPHER GRADE-I
(RETIRED), KERALA ELECTRICALS & ALLIED
ENGINEERING COMPANY LTD, CORPORATE OFFICE,
PANAMPILLY NAGAR, ERNAKULAM,
RESIDING AT G2, BALAKRISHNA APARTMENTS,
THOUNDAYIL ROAD, ERNAKULAM,
COCHIN-, PIN - 682036
13 VIJAYALAKSHMI D, AGED 62 YEARS
W/O N S DINKAR, FORMAN GRADE-I (RETIRED),
STRUCTURAL DIVISION, KERALA ELECTRICALS &
ALLIED ENGINEERING COMPANY LTD, MAMALA,
ERNAKULAM DISTRICT, RESIDING AT SOUPARNIKA,
KRA-34, IRIMPANAM POST,
ERNAKULAM DISTRICT,, PIN - 682309
14 MEENA I V, AGED 60 YEARS
W/O K G JYOTHIR GHOSH, MANAGER (RETIRED),
PROJECTS DIVISION, KERALA ELECTRICALS & ALLIED
ENGINEERING COMPANY LTD, MAMALA, ERNAKULAM,
RESIDING AT KAVILA, KANNANKERINAGAR ROAD, CSEZ
P.O, KAKKANAD, ERNAKULAM,, PIN - 682037
15 A HASHIR, AGED 65 YEARS
S/O MA RAZZACK, DEPUTY GENERAL MANAGER
( RETIRED), KERALA ELECTRICALS AND ALLIED
ENGINEERING COMPANY LTD, MAMALA, ERNAKULAM
DISTRICT, RESIDING AT 31/999-P (2846), EXCEL
GARDENS, KUNJAN BHAVA ROAD, PONNURUNNI,
VYTTILA PO, COCHIN-, PIN - 682019
16 KG DIPU, AGED 61 YEARS
S/O KG GOPALAKRISHNAN, DEPUTY GENERAL MANAGER
( RETIRED), KERALA ELECTRICALS AND ALLIED
ENGINEERING COMPANY LTD, MAMALA,
ERNAKULAM DISTRICT, RESIDING AT KALATHRA
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KRISHNA VILASAM, 14/1390,
RECCA VALLEY ROAD, MAVELIPURAM,
KAKKANAD, ERNAKULAM,, PIN - 682030
BY ADVS.
GEORGE KURUVILLA(ALAPPUZHA)
T.M.SUNIL
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF LABOUR & EMPLOYMENT,
SHRAM SHAKTHI BHAVAN, RAFI MARG,
NEW DELHI, PIN - 110001
2 THE EMPLOYEES PROVIDENT FUND ORGANIZATION,
REPRESENTED BY THE CHIEF PROVIDENT FUND
COMMISSIONER, BHAVISHYA NIDHI BHAVAN,
14BHIKAJI CAMA PALACE, NEW DELHI, PIN - 110066
3 REGIONAL PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION,
REGIONAL OFFICE, KALOOR, ERNAKULAM,
KOCHI-, PIN - 682017
4 KERALA ELECTRICALS & ALLIED ENGINEERING COMPANY
LTD ( KEL),
REPRESENTED BY ITS MANAGING DIRECTOR,
REGIONAL OFFICE, PANAMPILLY NAGAR,
ERNAKULAM, COCHIN, PIN - 682035
R1 BY SRI.T.C.KRISHAN DSGI (I/C)
R2&3 BY SRI.SAJEEVKUMAR K.GOPAL, SC EPFO
R4 BY SRI.M.K.THANKAPPAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners were employed under the 4 th
respondent. They retired from service subsequent to
01.09.2014. They have filed this writ petition for
direction to the 3rd respondent to process the Joint
Option Forms preferred by them in the light of the
judgment of the Hon'ble Supreme Court in
Employees Provident Fund Organisation and
another v. Sunil Kumar B. and others [2022 (7)
KHC 12], within a time frame to be fixed by this
Court. The Hon'ble Supreme Court in Employees
Provident Fund Organisation and another
(supra), held as follows:-
"We accordingly hold and direct:-
(i) The provisions contained in the
notification no. G.S.R. 609(E) dated
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22nd August 2014 are legal and valid.
So far as present members of the fund
are concerned, we have read down
certain provisions of the Scheme as
applicable in their cases and we shall
give our findings and directions on
these provisions in the subsequent
sub-paragraphs.
(ii) Amendment to the pension Scheme
brought about by the notification
No.G.S.R. 609(E) dated 22nd August
2014 shall apply to the employees of
the exempted establishments in the
same manner as the employees of the
regular establishments. Transfer of
funds from the exempted
establishments shall be in the manner
as we have already directed.
(iii) The employees who had exercised
option under the proviso to paragraph
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11(3) of the 1995 Scheme and
continued to be in service as on 1st
September 2014, will be guided by the
amended provisions of paragraph
11(4) of the pension scheme.
(iv) The members of the scheme, who
did not exercise option, as
contemplated in the proviso to
paragraph 11(3) of the pension
scheme (as it was before the 2014
Amendment) would be entitled to
exercise option under paragraph 11(4)
of the post amendment Scheme. Their
right to exercise option before 1 st
September 2014 stands crystalised in
the judgment of this Court in the case
of R.C. Gupta (supra). The scheme as
it stood before 1st September 2014 did
not provide for any cutoff date and
thus those members shall be entitled
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to exercise option in terms of
paragraph 11(4) of the Scheme, as it
stands at present. Their exercise of
option shall be in the nature of joint
options covering pre-amended
paragraph 11(3) as also the amended
paragraph 11(4) of the pension
Scheme.
There was uncertainty as
regards validity of the post
amendment Scheme, which was
quashed by the aforesaid judgments of
the three High Courts. Thus, all the
employees who did not exercise option
but were entitled to do so but could
not due to the interpretation on cut-off
date by the authorities, ought to be
given a further chance to exercise
their option. Time to exercise option
under paragraph 11(4) of the Scheme,
under these circumstances, shall
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stand extended by a further period of
four months. We are giving this
direction in exercise of our jurisdiction
under Article 142 of the Constitution
of India.
Rest of the requirements as per the
amended provision shall be complied
with.
(v) The employees who had retired
prior to 1st September 2014 without
exercising any option under paragraph
11(3) of the preamendment Scheme
have already exited from the
membership thereof. They would not
be entitled to the benefit of this
judgment.
(vi) The employees who have retired
before 1st September 2014 upon
exercising option under paragraph
11(3) of the 1995 scheme shall be
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covered by the provisions of the
paragraph 11(3) of the pension
Scheme as it stood prior to the
amendment of 2014.
(vii) The requirement of the members
to contribute at the rate of 1.16 per
cent of their salary to the extent such
salary exceeds ₹15,000/- per month as
an additional contribution under the
amended Scheme is held to be ultra
vires the provisions of the 1952 Act.
But for the reasons already explained
above, we suspend operation of this
part of our order for a period of six
months. We do so to enable the
authorities to make adjustments in the
Scheme so that the additional
contribution can be generated from
some other legitimate source within
the scope of the Act, which could
include enhancing the rate of
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contribution of the employers. We are
not speculating on what steps the
authorities will take as it would be for
the legislature or the framers of the
Scheme to make necessary
amendment. For the aforesaid period
of six months or till such time any
whichever is amendment is made,
earlier, the employees' contribution
shall be as stop gap measure. The said
sum shall be adjustable on the basis of
alteration to the Scheme that may be
made.
(viii) We do not find any flaw in
altering the basis for computation of
pensionable salary.
(ix) We agree with the view taken by
the Division Bench in the case of R.C.
Gupta (supra) so far as interpretation
of the proviso to paragraph 11(3) (pre-
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amendment) pension scheme is
concerned. The fund authorities shall
implement the directives contained in
the said judgment within a period of
eight weeks, subject to our directions
contained earlier in this paragraph.
(x) The Contempt Petition (C)
Nos.1917-1918 of 2018 and Contempt
Petition (C) Nos.619- 620 of 2019 in
Civil Appeal Nos.10013-10014 of 2016
are disposed of in the above terms."
2. Heard the learned counsel for the
petitioners and Sri.Sajeev Kumar K.Gopal, learned
Standing Counsel for the EPFO. In the nature of the
order I propose to pass, notice to the 4 th respondent
is dispensed with.
3. In the light of the judgment of the Hon'ble
Supreme Court cited (supra), the petitioners' Joint
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Option Forms need to be processed by the 3 rd
respondent.
The writ petition is therefore disposed of
directing the 3rd respondent to process the Joint
Option Forms preferred by the petitioners in
accordance with the judgment of the Hon'ble
Supreme Court in Employees provident Fund
Organisation and another (supra) within a period
of five months from the date of receipt of a copy of
this judgment.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
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APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SAID CIRCULAR BEARING NO.
PENSION/2022/56259/16541 DATED 20/02/2023
Exhibit P2 TRUE COPY OF THE SLP © NO. 86582019 AND
8659/2019 JUDGMENT OF THE HONOURABLE
SUPREME COURT DATED 04.11.2022
Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN W.P (C) 46546/2024 DATED
11/02/2025
