The review court emphasized procedural compliance by the employer in validating pension option submissions for eligible retirees, ensuring timely processing in accordance with the Supreme Court's judgment.

ORDER :

MURALI PURUSHOTHAMAN, J.

This review petition is filed against the judgment of this Court dated 09.12.2024 in W.P(C) No.11288 of 2023. The Regional Provident Fund Commissioner, Employees’ Provident Fund Organisation, Sub Regional Office, Kottayam, the 2^nd respondent in the writ petition, is the review petitioner.

2. The writ petitioners are the retired employees of Hindustan Newsprint Ltd.(HNL). The said establishment was later taken over by the Kerala Paper Products Limited (KPPL), the 11^th respondent in the writ petition. This Court, by the impugned judgment, directed the review petitioner to consider Ext. P4 joint option form submitted by the writ petitioners and other similar option forms individually submitted by them through the employer, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of copy of the judgment. It was also made clear that this Court has not considered the merits of the claim of the writ petitioners and all their claims were left open.

3. The review petition was filed on 28.01.2025 along with an application to condone the delay of 19 days in filing the review petition. The application to condone the delay came up for consideration on 07.02.2025 and the delay was condoned.

4. In paragraph Nos. 5 and 6 of the review petition, it is stated as follows:

“5. In so far as the writ petitioners in W.P.(C) No.11288/2023 are concerned out of the 83 petitioners 12 petitioners retired prior to 01/09/2014 and 71 petitioners retired after 01/09/2014 and therefore they are governed by separate and independent directions in Ext P8 judgment. Ext P4 produced along with the writ petition relates to the joint option forms submitted by the then employer of the petitioners vide letter dated 25/07/2019 before Ext P8 judgment. It is submitted that, by the amendment para 11(4) was added to the Employees’ Pension Scheme , 1995 which provided that the existing members as on 01/09/2014 who at the option of the employer and employee had been contributing on salary exceeding Rs.6,500/- shall prefer a fresh option and the time granted for exercising fresh option as per the amendment was one year from 01/09/2014. Therefore the options exercised by the writ petitioners vide Ext P4 is clearly beyond the time limit prescribed in the scheme.

6. As matters now obtained the Hindustan News Print Limited has been taken over by Kerala Paper Products Limited, the 11^th respondent in W.P.(C) No.11288/2023. It is submitted that, the petitioners have submitted their online options for verification and endorsement by the employer in the light of Ext. P8 judgment but the present employer Kerala Paper Products Limited has failed to endorse the online option submitted by the petitioners. The 11^th respondent in the writ petition has only to validate the options submitted by the employees and forward the same to the EPFO portal before the online facility closes on 31/01/2025. The review petition is therefore filed in the aforesaid circumstances.”

Further, Ground 'D' reads as follows:

“D. The 11^th respondent in the writ petition the Kerala Paper Products Ltd. having taken over Hindustan News Print Ltd. is to forward the option forms submitted online by the petitioners pursuant to the judgment of the Hon’ble Supreme Court. There is no other further liability for the 11" respondent in the writ petition in this matter. All that the 11^th respondent has to do is to forward the joint options to the online portal of the EPFO before 31/01/2025, which is the last date for submission of joint option forms online, so that the applications can be processed by the EPFO for the petitioners to avail the benefit of the judgment of the Hon’ble Supreme Court in the Sunil Kumar’s case.”

5. The