2024/KER/40415 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 WP(C) NO. 25903 OF 2020 PETITIONER:

SANKARAN NAIR P., AGED 63 YEARS, VINAYAKAMTHOPPIL, THRIKKAKKARA P. O., ERNAKULAM-682 021, P.P.O. NO. KR/KCH/00097405, UAN NO.100335470259.

BY ADVS.

SRI. P. N. MOHANAN SMT. AMRUTHA SURESH SRI. C. P. SABARI RESPONDENTS:

1 UNION OF INDIA (UOI), REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT, NEW DELHI-110 001.

2 REGIONAL PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANISATION (EPFO), BHAVISHANIDHI BHAVAN, KALOOR, ERNAKULAM - 682 017.

3 EMPLOYEES PROVIDENT FUND TRUSTEE, REPRESENTED BY MANAGING TRUSTEE, EMPLOYEES PROVIDENT FUND OFFICE, BHAVISHYA NIDHI BHAVAN, WAZIRPUR, NEW DELHI - 110 052.

4 REGIONAL PROVIDENT FUND COMMISSIONER-1 (PENSION), BHAVISHYA NITHI BHAVAN, 14-BHIKAJI CAMA PALACE, NEW DELHI-110 066.

5 TECHNI BHARATHI PRIVATE LTD., REPRESENTED BY MANAGING DIRECTOR, 34/136A, BY-PASS ROAD, EDAPPALLY, KOCHIN-24, PIN-682 024.

BY ADV.

SRI.SAJEEV KUMAR K. GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DINESH KUMAR SINGH, J.

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W.P.(C) No. 25903 of 2020 -------------------------

Dated this the 6^th day of June, 2024

JUDGMENT

1. The present writ petition has been filed by the petitioner for the following reliefs;

i) Issue a Writ of Mandamus or any appropriate writ, order or direction, directing, second respondent to collect pension contribution towards the EPF Pension Scheme of the petitioner on the basis of actual salary drawn by him, in terms of proviso to Cl. 11(3) of the pension scheme, from the date of joining the pension Scheme and to revise the pension in the light of Ext. P-11 & P2 Judgments.

ii) Declare that petitioner is entitled to get pension contribution towards the EPF Pension Scheme of the petitioner on the basis of actual salary drawn by him, in terms of proviso to Cl. 11(3) of the pension scheme, from the date of joining the pension Scheme as declared in the Ext. P-3 and P12 Judgments.

iii) Issue a direction to the second and fifth respondents to revise the pension of the petitioner in the light of Exhibit P-12, Judgment with a further direction to the fifth respondent to issue joint option if required again by the second respondent and to furnish all the details for the same;

iv) Grant such other relief as this Hon’ble Court may deem fit and proper in the circumstances of the case.

2. The petitioner has got retired from the service of the 5^th respondent on 30.06.2015 i.e. before the Judgment of the Supreme Court in Employees Provident Fund Organization and Another v. Sunil Kumar B. and Others [2022 (7) KHC 12]

3. Mr. Sajeev Kumar K. Gopal, learned Standing Counsel for respondents 2 to 4 submits that the petitioner case is covered by the Judgment of the Supreme Court in the case of Sunil Kumar B. (supra) and the petitioner and employer has given the joint option. However, the source documents (documents like wage details [Form 3A/6A]), contribution towards pension fund) are to be verified to confirm the eligibility for higher pension for which communication has been addressed to the petitioner and his employer. The source documents pertaining for the period of service from 24.01.2001 to 28.06.2015 is being sought from the petitioner’s employer. However, the source documents were split off the employment prior to 2001 is not available in the Provident Fund OfÏce. The petitioner is being asked to forward the source documents in respect of the establishment where he rendered the service prior to 2001.

4. The learned Counsel for the petitioner submits that the petitioner will provide the necessary details and documents to the Provident Fund Establishment within a period of one month.

5. I have considered the submissions. The petitioner is directed to provide