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2025 Supreme(Ker) 586
IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J.
Sasikumar K. - Petitioner
Versus
Union of India, Represented by Secretary to Government of India, Ministry of Labour and Employment, New Delhi - Respondent
WP (C) Nos. 15281, 15812, 16822, 17624, 32457 of 2019
Decided On : 10-03-2025
Advocate Appeared:
For the Appellant : BY ADVS. ASOK M.CHERIAN SRI.N.SATHEESH SRI.K.JANARDHANA SHENOY
For the Respondent: BY ADVS. SMT.SINDHUMOL.T.P., CGC SRI.JOY THATTIL ITOOP, SC, EPF ORGANIZATION E.K.MADHAVAN V.KRISHNA MENON P.VIJAYAMMA J.SURYA JOY THATTIL ITTOOP
IMPORTANT POINT
The court upheld the Apex Court's guidelines regarding contributions to the Employees Provident Fund and Pension Scheme, emphasizing adherence to established legal principles.
Headnote:
(A) Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Issues regarding contributions to the Employees Provident Fund and Employees, Pension Scheme - The court upheld previous guidelines set for the respondent organization, as confirmed by the Apex Court in SLP
(C) Nos.8658 - 8659 of 2019. (Paras 1 - 2 )
(B) Writ petitions - The court disposed of the petitions in accordance with the Apex Court's judgment, indicating adherence to established legal principles. (Para 2 )
Facts of the case:
The petitioners, retired employees of the respondent Company, alleged incorrect contributions to their provident fund and pension scheme.
Findings of Court:
The court disposed of the writ petitions based on the Apex Court's prior judgment.
Issues: The primary issue was the correctness of contributions made to the Employees Provident Fund and Pension Scheme.
Ratio Decidendi: The court emphasized the importance of adhering to the Apex Court's guidelines in resolving the issues raised in the writ petitions.
Result: Writ petitions disposed of.
JUDGMENT
[WP(C) Nos.15281/2019, 15812/2019, 16822/2019, 17624/2019 and 32457/2019]
In these writ petitions, the petitioners are stated to be the retired employees of the respondent Company. They are stated to be the subscribers of the Employees Provident Fund and the Employees’ Pension Scheme, and they are complaining essentially that contributions to the fund were being made in an incorrect manner.
2. Both sides point out that this Court settled the issues involved in these writ petitions, framing certain guidelines to the respondent organization. The afore directions have since been upheld by the Apex Court in the order dated 24.08.2021 in SLP(C)
Nos.8658 - 8659 of 2019.
Having considered the rival submissions, these writ petitions are disposed of in terms of the judgment of the Apex Court in SLP(C) Nos.8658 - 8659 of 2019 as admitted by both sides.
Sd/-
HARISANKAR V. MENON JUDGE ln APPENDIX OF WP(C) 15812/2019 PETITIONER’S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 12-10-2018 WP(C) 32284/2016 WITH CONNECTED CASES.
RESPONDENTS EXHIBITS:
’
EXHIBIT R4(A) TRUE COPY OF THE MODEL CALCULATION SHEET OF ENHANCED PENSION.
EXHIBIT R4(B) TRUE COPY OF ORDER DATED 6.2.2020 OF THE HON’BLE SUPREME COURT IN CONMT.PET(C) NO 1917-
1918/2018 AND CONNECTED CASES.
EXHIBIT R4(C) TRUE COPY OF THE ACTUARIAL REPORT DATED
27.12.2018 ON UN-EXEMPTED ESTABLISHMENTS.
EXHIBIT R4(D) TRUE COPY OF THE ACTUARIAL REPORT DATED
27.12.2018 ON EXEMPTED ESTABLISHMENTS.
EXHIBIT R4(E) TRUE COPY OF THE EXPLANATORY STATEMENT DATED
20.6.2019.
APPENDIX OF WP(C) 16822/2019 PETITIONER S EXHIBITS:
’
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 12/10/2018 WP(C)
NO.34284/2016 WITH CONNECTED CASES.
RESPONDENTS EXHIBITS:
’
EXHIBIT R4(A) TRUE COPY OF THE MODEL CALCULATION SHEET OF ENHANCED PENSION.
EXHIBIT R4(B) TRUE COPY OF ORDER DATED 6.2.2020 OF THE HON’BLE SUPREME COURT IN CONMT.PET(C) NO 1917-1918/2018 AND CONNECTED CASES.
EXHIBIT R4(C) TRUE COPY OF THE ACTUARIAL REPORT DATED 27.12.2018 ON UN-EXEMPTED ESTABLISHMENTS.
EXHIBIT R4(D) TRUE COPY OF THE ACTUARIAL REPORT DATED 27.12.2018 ON EXEMPTED ESTABLISHMENTS.
EXHIBIT R4(E) TRUE COPY OF THE EXPLANATORY STATEMENT DATED
20.6.2019.
APPENDIX OF WP(C) 17624/2019 PETITIONER S EXHIBITS:
’
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 12.10.2018 WPC NO. 34282/2016 WITH CONNECTED CASES RESPONDENT EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE ORDER DATED 6.2.2020 OF THE HON’BLE SUPREME COURT IN CONT.PET(C) NO 1917-
1918/2018 AND CONNECTED CASES EXHIBIT R4(B) TRUE COPY OF THE MODEL CALCULATION SHEET FOR ENHANCED PENSION EXHIBIT R4(C) TRUE COPY OF THE ACTUARIAL REPORT FOR UNEXEMPTED ESTABLISHMENTS, DATED 27.12.2018 EXHIBIT R4(D) TRUE COPY OF THE ACTUARIAL REPORT FOR EXEMPTED ESTABLISHMENTS DATED 27.12.2018 EXHIBIT R4(E) TRUE COPY OF THE EXPLANATORY STATEMENT DATED
20.6.2019 APPENDIX OF WP(C) 32457/2019 PETITIONER S EXHIBITS:
’
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 12.10.2018 IN WP9C0NO.34284/2016 AND CONNECTED CASES RESPONDENTS EXHIBITS:
’
EXHIBIT R4 A) TRUE COPY OF THE A MODEL CALCULATION SHEET OF ENHANCED PENSION EXHIBIT R4 B TRUE COPY OF ORDER DATED 06-02 2020 OF THE HON’BLE SUPREME COURT IN CONMT.PET (C) NO- 1917-1918/2018 AND CONNECTED CASES EXHIBIT R4 C TRUE COPY OF THE ACTURIAL REPORT DATED 27012-2018 ON UN-EXEMPTED ESTABLISHMENTS.
EXHIBIT R4 D TRUE COPY OF ACTURIAL REPORT DATED 27-12-2018 ON EXEMPTED ESTABLISHMENTS EXHIBIT R4 E TRUE COPY OF THE EXPLANATORY STATEMENT DATED
20-06-2019 APPENDIX OF WP(C) 15281/2019 PETITIONER S EXHIBITS:
’
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 12.10.2018 WP(C) NO.34284/2016 WITH CONNECTED CASES RESPONDENTS EXHIBITS:
’
EXHIBIT R4(A) TRUE COPY OF THE MODEL CALCULATION SHEET FOR ENHANCED PENSION.
EXHIBIT R4(B) TRUE COPY OF THE ORDER DATED 06.02.2020 OF THE HON’BLE SUPREME COURT IN CONT.PETI (C) NO.1917-1918/2018 AND CONNECTED CASES.
EXHIBIT R4(C) TRUE COPY OF THE ACTUARIAL REPORT FOR UNEXEMPTED ESTABLISHMENTS, DATED 27.12.2018.
EXHIBIT R4(D) TRUE COPY OF THE ACTUARIAL REPORT FOR EXEMPTED ESTABLISHMENTS, DATED 27.12.2018.
EXHIBIT R4(E
