Parties must provide detailed salary and contribution data for pension calculation in disputes over entitlement.

JUDGMENT

This writ petition has been filed by the retired employees of the Kerala Co-operative Milk Marketing Federation Limited (hereinafter referred to as ‘KCMMF’), seeking to set aside the orders rejecting their option for higher pension.

2. Learned counsel appearing for the respondent Employees Provident Fund Organization would submit that to calculate the entitlement of the petitioners for higher pension, the details of bulk payment made by the KCMMF, amounting to Rs.54,19,850/-, for the period from 04/2004 to 10/2006 and 09/2007 to 01/2008¹ have to be made available. It is submitted that the bulk payment was made on various dates, namely on 16.11.2006, 20.12.2006 and 31.03.2008. It is submitted that, unless the month-wise details of the payment, which will identify the member in whose favour the payment is made, the month and year to which the payment relates, the employer contribution and the employee contribution and the contribution to the pension scheme, are provided it will be impossible for the Provident Fund Organisation to calculate the entitlement of the individual An amount of Rs.40,03,150/- was remitted on 16/11/2006 for the period from 04/2004 to 10/2006 and interest for the said period amounting to Rs.1,64,137/- was also remitted on 20.12.2006. Further, an amount of Rs.13,00,684/- with interest of Rs.11,879/- was remitted on 31.03.2008 for the period from 09/2007 to 01/2008. petitioners. It is also submitted that the salary details of the petitioners have also to be produced.

3. Having heard the learned counsel appearing for the petitioners and the learned counsel appearing for the Employees Provident Fund Organization, I am of the opinion that the learned counsel appearing for the Employees Provident Fund Organization is right in contending that unless the details mentioned above are made available by the KCMMF, it might not be possible for the Provident Fund Organization to calculate the benefits payable to each of the individual petitioners or others, who may not have approached this Court. The KCMMF had made the payment in bulk because, for the periods from April 2004 to October 2006 and from September 2007 to January 2008, the contribution was not made based on actual salary but on a lesser amount, subject to statutory limits.

4. Therefore, there will be a direction to the Managing Director, KCMMF, to provide the following details to the Provident Fund Organisation within a period of two months from the date of receipt of a certified copy of this judgment:-

(i) The month-wise break-up of the bulk amount;

(ii) The identity of the member and the month and year to which the payment relates;

(iii) The amount representing the employer contribution and the employee contribution of each of the persons concerned;

(iv) The amount of contribution to the pension Scheme; and

(v) Salary details of the individuals concerned.

On receipt of the aforesaid details from the KCMMF, the Competent Authority of the Provident Fund Organisation shall recalculate the benefits payable to each of the petitioners, without undue delay and at any rate within a period of two months from the date on which the details are made available by the KCMMF. To enable such reconsideration, the orders rejecting the options filed by the petitioners will be set aside.

This writ petition is ordered accordingly.