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2015 Supreme(HP) 753

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
Regional Provident Fund Commissioner Employee’s Provident Fund Organization – Appellant
Versus
R. C. Gupta – Respondent


Advocate Appeared:
For the Appellant:Mr. Navlesh Verma, Advocate
For the Respondents:Mr. Subhash Sharma, Mr. Ashok Sharma, Mr. Angrej Kapoor, Mr. Shivank Singh Panta, Advocates

Judgment

Tarlok Singh Chauhan, J.

Since common question of law and facts arises for determination, therefore, all these appeals are taken up together for disposal.

2. The writ petitioners, who are the respondents herein, filed petitions before this Court on the ground that they have illegally been denied pensionable rights under the Employees’ Pension Scheme, 1995, which scheme had subsequently been amended vide amendment dated 28.02.1996.

3. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 was made applicable to the HPTDC Corporation w.e.f. 1st September, 1974 which covered all the employees of the Corporation under the Employees’ Pension Scheme, 1995. Insofar as the Employees Provident Fund is concerned, it provided for a system of provident fund compulsorily on contribution basis by the Employer and employees jointly. The rate of contribution as on 16.11.1995 was 10% of salary, which was raised to 12% in the year 1997. The Employer who has been arrayed as respondent No.9 was contributing the employers’ share at the rate on total salary which constituted of not only the basic pay but even the dearness allowance w.e.f. 16.11.1995. Equal contribution was also made





























































































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