Employees must timely seek exemption from the EPF Scheme to switch to the GPF Scheme; failure to do so bars claims for benefits under the discontinued GPF Scheme.

JUDGMENT :

(A.S. SUPEHIA, J.)

1. The present group of Letters Patent Appeals filed under Clause 15 of the Letters Patent, 1865, are directed against the common judgment and order dated 13.10.2022 passed by the learned Single Judge in the captioned writ petitions, rejecting the writ petitions filed by the appellants – employees claiming the benefits of pension under the General Provident Fund Scheme (for short, “the GPF Scheme”). All the appellants at the time of appointment were the members of the Employees Provident Fund Scheme (for short, “the EPF Scheme”)

2. Since similar set of facts are involved and the issue is also analogous in these group of appeals, Letters Patent Appeal No.1691 of 2022 is taken up as a lead matter.

BRIEF FACTS : -

3. There appears to be perennial dispute between the appellants, who are employees of the respondent – Ahmedabad Municipal Corporation (for short, “the respondent - Corporation”) and the respondent – Corporation, which has been going on since the year 2003, when the first writ petition was filed by the appellants – employees seeking extension of the benefits of the GPF Scheme in their favour. The entire dispute between the respective parties stems out of the GPF Scheme introduced by the respondent – Corporation vide Resolution dated 10.06.1983, which was implemented with effect from 01.01.1983.

4. This is the sixth round of litigation between the respective parties. There is checkered history of litigation, which we would be referring briefly and confining it for answering the issue raised in the present group of appeals.

5. All the appellants - employees are/were appointed in the Central Workshop of the respondent – Corporation being an independent and distinct establishment engaged in the activities of purchase, repairs and maintenance of all vehicles of the respondent – Corporation, and they were made members of the EPF Scheme at the time of their appointment in the year 1989 onwards since the Central Workshop in which they were appointed was governed by the provisions of Factories Act, 1948.

6. It is the case of the appellants - employees that they are entitled to pension as per the GPF Scheme, which was introduced in the year 1983 (01.01.1983) and the action of the respondent – Corporation in denying them for switching over from the EPF Scheme to the GPF Scheme is discriminatory and illegal.

7. The first writ petition being Special Civil Application No.4861 of 2002 was filed in the year 2002 in this regard, and the last writ petition is the captioned writ petition filed in the year 2022.

8. In the intervening period, there was an order passed by the learned Single Judge of this Court rejecting the claim of the appellants, which ultimately resulted into SLP (Civil) No.27537 of 2011 filed by the Union of the appellants against the order dated 22.04.2011 passed in Letters Patent Appeal No.573 of 2011. The Supreme Court, by the order dated 03.12.2013, while dismissing the SLP, however reserved liberty in favour of the individual Members of the Union to seek redress before the High Court or any other appropriate forum, in accordance with law. It was further clarified that any proceedings, if are initiated, shall be disposed of uninfluenced by any observation made by the learned Single Judge or the Division Bench of this Court.

9. Thereafter, the appellants filed the writ petitions being Special Civil Application No.3711 of 2014 and allied matters, which were disposed of by the common judgment and order dated 17.10.2016 on the statement made by the learned advocates appearing for the appellant - employees. There were seven directions incorporated in the said judgment and order.

10. In a nutshell, the learned Single Judge vide aforesaid order dated 17.10.2016, has directed the present appellants - employees to submit an application on or before 30.11.2016 before the Provident Fund Organization seeking exemption under the Employees’ Provident Fund Scheme, 1852 (the EPF Scheme) under Section 17(2) of the E