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2018 Supreme(Ker) 817

K.SURENDRA MOHAN, A.M.BABU
P. Sasikumar Senior Manager – Appellant
Versus
Union of India (UOI) – Respondent


Advocates Appeared:
For the Petitioners: Adv. Sri. P.N. Mohanan.
For the Respondents: Advs. Smt. C.G. Preetha, C.G.C. Sri. N.N. Sugunapalan (Sr.), Smt. T.N. Girija SCEPF Organisation., SPL. G.P. SRI. C.M. Suresh Babu, ASGI Sri N. Nagaresh G.P.. Smt. Pooja Surendran, Sri E.S.M. Kabeer.

JUDGMENT :

SURENDRA MOHAN, J.

1. The petitioners in these Writ Petitions are all employees of various establishments covered by the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the EPF Act' for short). They are all aggrieved by the refusal of the respondents to extend the provisions of the Employees Pension Scheme, 1995 to them. They are also aggrieved by the changes brought about by the Employees' Pension (Amendment) Scheme, 2014. According to them, the provisions of the said amended Scheme drastically reduces the pension payable to them. In many of the Writ Petitions, the validity of the amendments have been challenged. Since the legal issues that arise for consideration are common, these cases have been heard together and are all disposed of by this common judgment.

2. The main question that arises for consideration here is whether the provisions of the Employees Pension Scheme, 1995 and the Employees' Pension (Amendment) Scheme, 2014 are valid and sustainable or not?

3. The bare facts necessary to be taken note of before the questions of law are addressed, are the following. As already noticed above, the petitioner




































































































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