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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ
P.J. George, S/o. Joseph – Appellant
Versus
Regional Provident Fund Commissioner – Respondent
| Table of Content |
|---|
| 1. retired employees challenge pension discontinuation. (Para 1 , 2 , 3) |
| 2. legal challenges to exclusion from pension scheme. (Para 4 , 5 , 6 , 7) |
| 3. prior court decisions affect current entitlement. (Para 8 , 9) |
| 4. clarification on pension eligibility and fund transfers. (Para 10) |
| 5. writ petitions closed with observations. (Para 11) |
JUDGMENT :
P.M.MANOJ, J.
The petitioners in WP(C) No.29215 of 2019 are the retired employees of Idukki District Co-operative Bank, whereas the petitioner in WP(C) No.974 of 2020 is a retired employee of Kottayam District Co-operative Bank.
2. The common question involved in these cases is whether the 2nd respondent, the Regional Provident Fund Commissioner, can discontinue the pension on the ground that the respective District Co-operative Banks are excluded from the EPF Pension Scheme, 1995, in view of the introduction of the Self Financing Pension Scheme for employees of District Co-operative Banks.
3. The petitioners in both the writ petitions retired from the service of their respective District Co-operative Banks. They had made contributions to the Contributory Provident Fund, which was applicable to all employees of District Co-operative
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 exemption order under Section 17(1-C) of the EPF & MP Act is binding on employees of primary Co-operative Societies without individual consent.
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.
An amendment with retrospective operation that takes away a benefit already available to the employee under the existing rule violates the rights guaranteed under Articles 14 and 16 of the Constituti....
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