[Cites 2, Cited by 0]
Kerala High Court
Prajosh.T,S/O Sankaran vs Union Of India on 15 January, 2026
2026:KER:3278
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 15TH DAY OF JANUARY 2026 / 25TH POUSHA, 1947
WP(C) NO. 47950 OF 2025
PETITIONER:
PRAJOSH.T,
S/O SANKARAN, AGED 54 YEARS,
TECHNICIAN, MALABAR REGIONAL CO-OPERATIVE MILK
PRODUCERS UNION LTD, KOZHIKODE DAIRY, PERINGOLAM,
KUNNAMANGALAM P.O, KOZHIKODE,
RESIDING AT KOLATHARA, CHUNGAM, CHERUVANNUR,
KOZHIKODE UAN NO.1002 7544 8306, PIN - 673 655.
BY ADVS.
SRI.P.N.MOHANAN
SRI.C.P.SABARI
SMT.AMRUTHA SURESH
SRI.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 - 110 001.
2 REGIONAL PROVIDENT FUND COMMISSIONER,
REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND
ORGANISATION (EPFO), BHAVISHANIDHI BHAVAN,
ERANJIPALAM , KOZHIKODE, PIN - 673 006.
3 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 - 110 066.
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WP(C) NO. 47950 OF 2025
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4 MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS
UNION LTD,
REPRESENTED BY ITS MANAGING DIRECTOR,
PERINGALAM P.O, KUNNAMANGALAM, KOZHIKODE,
PIN - 673 571.
BY ADVS.
SMT.V.K.HEMA, CGC, (FOR R1)
SMT.NITA.N.S. (SC) (FOR R2 & R3)
SMT. LATHA ANAND (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 47950 OF 2025
3
JUDGMENT
This writ petition has been filed by a serving employee
of the Malabar Regional Co-operative Milk Producers
Union Ltd. [hereinafter referred to as 'the MRCMPU'],
seeking to set aside the orders rejecting his option for
making contributions on actual salary for the purpose of
availing higher pension on retirement.
2. The learned Standing Counsel appearing for the
respondent Employees' Provident Fund Organization would
submit that in order to calculate the entitlement of the
petitioner for higher pension, the details of bulk payment
made by the MRCMPU, amounting to Rs.40,03,150/- and
Rs.13,12,563/- [for the period from 2004-2005 to
2007-2008 credited in the month of November 2006 and
March 2008] in respect of all units have to be made
available. It is submitted that the bulk payment was made
on 16.11.2006 and 16.03.2008. It is submitted that, unless
the month-wise details of the payment which will identify
the member in whose favour the payment is made, the
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WP(C) NO. 47950 OF 2025
month and year to which payment relates, the employer
contribution and the employee contribution and the
contribution to the pension scheme, it will be impossible
for the Provident Fund Organization to calculate the
entitlement of the petitioner. It is also submitted that the
salary details of the petitioner have also to be produced.
3. Having heard the learned counsel appearing for
the petitioner in this writ petition and the learned Standing
Counsel appearing for the Employees' Provident Fund
Organization, I am of the opinion that the learned Standing
Counsel appearing for the Employees Provident Fund
Organization is right in contending that unless the details
mentioned above are made available by the MRCMPU, it
might not be possible for the Provident Fund Organization
to calculate the benefits payable to the petitioner or others,
who may not have approached this Court. The MRCMPU
had made the payment in bulk on account of the fact that
for the period from 2004-2005 to 2007-2008 credited in
the month of November 2006 and March 2008, the
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WP(C) NO. 47950 OF 2025
contribution was not made on the basis of actual salary
and was made on a lesser amount and was subject to
statutory limits.
4. Therefore, the writ petition will stand disposed of,
directing the Malabar Regional Co-operative Milk
Producers Union Ltd. to provide the following details to the
Provident Fund Organization within a period of two months
from the date of receipt of a certified copy of this
judgment :-
i. The month-wise break up of the bulk amount;
ii. The identity of the member and the month and year to
which the payment relates;
iii. The amount representing the employer contribution
and the employee contribution of the person concerned;
iv. The amount of contribution to the pension Scheme;
and
v. Salary details of the individual concerned.
On receipt of the aforesaid details from the MRCMPU, the
Competent Authority of the Provident Fund Organization
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WP(C) NO. 47950 OF 2025
shall reconsider the options submitted by the petitioner,
without undue delay and within a period of two months
from the date on which the details are made available by
the MRCMPU. In order to enable re-consideration,
Ext.P12 and similar orders rejecting the options filed by
the petitioner will stand set aside.
Writ petition is ordered accordingly.
Sd/-
GOPINATH P.
JUDGE
ats
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WP(C) NO. 47950 OF 2025
APPENDIX OF WP(C) NO. 47950 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 31.10.2014
IN W.P.(C).NO.23447/2014.
Exhibit P2 TRUE COPY OF THE AMENDED 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 25.08.2016 OF
THE SECOND RESPONDENT.
Exhibit P7 TRUE COPY OF THE CHALAN DATED 17.11.2006
ALONG WITH DETAILS OF THE EMPLOYEES TO WHOM
REMITTANCE WAS MADE.
Exhibit P8 TRUE COPY OF THE CHALAN DATED 20.11.2006.
Exhibit P9 TRUE COPY OF THE LETTER DATED 30.06.2016 OF
THE SECOND RESPONDENT.
Exhibit P10 TRUE COPY OF THE LETTER DATED 03.08.2024 OF
THE FOURTH RESPONDENT.
Exhibit P11 TRUE COPY OF THE LETTER DATED 05.04.2025 OF
THE FOURTH RESPONDENT.
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WP(C) NO. 47950 OF 2025
Exhibit P12 TRUE COPY OF THE ORDER DATED 16.04.2025 OF
THE SECOND RESPONDENT IN RESPECT OF THE
PETITIONER.
Exhibit P13 TRUE COPY OF THE JUDGMENT IN THE CASE OF
UNION OF INDIA V. CENTRAL ADMINISTRATIVE
TRIBUNAL REPORTED IN 2002 KHC 175.
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 24.06.2025,
IN W.P.(C). NO.17666/2025.
Exhibit P15 TRUE COPY OF THE ORDER DATED 23.05.2025 OF
THE CENTRAL PF COMMISSIONER.
Exhibit P16 TRUE COPY OF THE INTERIM ORDER DATED
25.11.2025 IN W.P.(C).NO. 25095/2025.
