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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
K.P. Suresh Kumar – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Muralee Krishna, J.
This writ appeal is filed under Section 5(i) of the Kerala High Court Act, 1958, by the petitioners in W.P.(C)No.32643 of 2015. By the impugned judgment dated 01.07.2021 the learned Single Judge dismissed the writ petition filed by the appellants- petitioners seeking a writ of certiorari to quash Exts.P4, P5 and P6 communications; a writ of mandamus commanding the respondents to permit the appellants-petitioners to continue under E.P.F Scheme itself and grant their benefits under the E.P.F Act and Scheme framed thereunder; and declare that the action of the respondents directing the Society to bring it under the purview of the Self-Financing Pension Scheme is highly unjust and illegal.
2. The case of the appellants in brief is as under:
While holding the post of Secretary, the 1st appellant retired from the service of the 6th respondent Palode Co-operative Agricultural and Rural Development Bank Ltd. The remaining appellants are the employees of that society. The 6th respondent established a Contributory Provident Fund in accordance with the provisions contained in the Kerala Co-operative Societies Act (‘the Act’ in short). The Society and its employees w
The exemption order under Section 17(1-C) of the EPF & MP Act is binding on employees of primary Co-operative Societies without individual consent.
Employees of District Co-operative Banks must be allowed to retain pension rights under the EPF Pension Scheme, as exclusion based on subsequent policies may not override prior entitlements based on ....
The court confirmed that a Co-operative Society registered under its own Act is not subject to the Employees Provident Fund provisions if its employees opt for a state pension scheme.
The entitlement to exercise an option for higher pension contributions under the Employees' Provident Fund Scheme is governed and settled by the principles laid down in Sunil Kumar B & Others v. The ....
Pension rights depend on the fulfillment of predetermined conditions, and cabinet decisions lack enforceability without formal executive orders.
Employees of exempted establishments are entitled to pension benefits under the EPS 1995 based on actual salary, as clarified by the Supreme Court.
Eligibility for benefits under pension scheme remains to be determined based on law and fact, allowing appellants to seek resolution with appropriate authority.
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.
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