Ramesh Kumar Gupta vs The Employees Provident Fund ...
2023 Latest Caselaw 2006 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT INDORE
                             BEFORE
                 HON'BLE SHRI JUSTICE VIVEK RUSIA
                     ON THE 3 rd OF FEBRUARY, 2023
                     WRIT PETITION No. 1073 of 2023

BETWEEN:-
RAMESH KUMAR GUPTA S/O SHEETAL PRASAD GUPTA,
OCCUPATION: RETIRED, R/O 1219 SECTOR B SCHEME
NO. 71, INDORE, DISTRICT INDORE (MADHYA
PRADESH)

                                                              .....PETITIONER
(SHRI MANISH NAIR - ADVOCATE FOR THE PETITIONER.)

AND
1.    THE    EMPLOYEES      PROVIDENT      FUND
      ORGANIZATION THROUGH CHIEF PROVIDENT
      FUND     COMMISSIONER, BHAVISHYA NIDHI
      BHAWAN, 14 BHIKAJI CAMA PALACE, NEW DELHI

2.    THE    REGIONAL      PROVIDENT     FUND
      COMMISSIONER 6TH- 9TH FLOOR, PRADHIKRAN
      BHAWAN, 7, RACE COURSE ROAD, INDORE
      (MADHYA PRADESH)

                                                           .....RESPONDENTS
(SHRI PANKAJ KUMAR JAIN - ADVOCATE FOR RESPONDENT NO.1.)

      T h is petition coming on for orders this day, t h e cou rt passed the
following:
                                     ORDER

In this petition, the petitioner has called in question the action of the respondents, cancellation of pension payment order (PPO) and has prayed a direction for restoration of pension of the petitioner.

The issue involved in this petition has already been decided in the Bunch of petition by this Bench W.P. No.13627/2020 and other connected cases. The

order dated 11.11.2022 passed in the bunch petitions is reproduced below:

''In this bunch of petitions, the petitioner has called in question the action of the respondents, cancellation of pension payment order (PPO) and has prayed a direction for restoration of pension of the petitioner.

Hearing of these petitions were deferred on the request of learned counsel for the parties that the issue involved in the present petition is pending before the larger bench of the Apex Court. The correctness of the judgment passed by the Apex Court in the case of R.C. Gupta and Ors Vs. Regional Provident Fund

Commissioner, Employee Provident Fund Organisation and Ors reported in (2018) 14 SCC 809 was doubted and the matter was referred to the larger bench in SLP (C) No.8658-5689/2019 (The Employee Provident Fund Organization and Anr Vs. Sunil Kumar B. and Ors).

The aforesaid reference has been answered and the full bench has agreed with the view taken by the Division Bench in the case of R.C. Gupta (supra) so far interpretation of the proviso to para 11 (3) (pre-amendmen) pension scheme is concerned. It has been further directed that the fund authority shall implement the directions contained in the said judgment within the period of eight weeks subject to the direction issued by the larger bench in the aforesaid judgments.

Learned counsel for the respondent submits that the case of the petitioner shall be examined by Commissioner, Regional Provident Fund within the period of four weeks from the date of

communication of the order passed by this court in the light of the judgment passed by the larger bench in the case of Employees Provident Fund (supra) confirming the view taken in the case of R.C. Gupta (supra).

After hearing learned counsel for the parties, I deem it proper to dispose off the present petition with a direction to the Commissioner, Regional Provident Fund to consider and decide the claim of the petitioner in terms of the judgment passed by the Apex Court in the case of R.C. Gupta (supra) and the larger bench in the case of Employees Provident Fund (supra) within the period of four weeks from the date of communication of the order.

If the claim of the petitioner is found to be admissible, the Commissioner, Regional Provident Fund shall pass orders for restoration of pension.

With the aforesaid, the present petition stands disposed off.'' In view of above, this petition is also disposed off in terms of order dated 11.11.2022 passed in W.P. No.13627/2020 and other connected matters.

(VIVEK RUSIA) JUDGE Divyansh

DIVYANSH Digitally signed by DIVYANSH SHUKLA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, 2.5.4.20=3380667de97d13d32c7e38c6cdf101ad505b2b9a1a80f1

SHUKLA 79678aa56e1b2c1b5c, postalCode=452001, st=Madhya Pradesh, serialNumber=538643475F0C03D17250F81A8860315070310153 0C81C7D5C31D2D096B40693F, cn=DIVYANSH SHUKLA Date: 2023.02.03 17:49:58 +05'30'