W.P.No.25195 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.08.2019

CORAM

THE HONOURABLE Mr. JUSTICE V.PARTHIBAN

W.P.No.25195 of 2019

1.K.Ganesan

2.John B.S.Demel

3.R.Rajendran

4.R.Swaminathan

5.G.Gomathinayagam

6.P.Paulraj

7.R.Radhakrishnan

8.A.Nagaraju

9.R.Venkatesan

10.S.K.Sheik Abdul Sathar

11.N.Nachiappan

12.S.Bharathan

13.R.Sekar

14.K.Manogar

15.L.Sivalingam

16.M.Issac Daniel

17.M.Thiagarajan

18.P.C.Sahu

19.S.Madhavan

20.M.Sankarasubramanian

21.P.Alfred Samraj Robertson

22.S.Hariharan

23.M.Jeyabalan

24.K.Gomathinayagam

25.P.Rajendran

26.R.Ramakrishnan

27.G.Kumaravel

28.A.Vikraman

29.C.Perumal Pillai

30.I.Azeez

31.S.Sankaranarayanan

32.R.Gopal

33.Alagappan

... Petitioners

Vs.

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W.P.No.25195 of 2019

1.Union of India

Represented by the Secretary to Government of India

Ministry of Labour and Department of Employment

New Delhi – 110 001.

2.Regional PF Commissioner – I (Pension),

Office of the Employees Provident Fund

Organisation (EPFO)

Bhavishya Nidhi Bhawan

No.14, Bhikanji Cama Palace,

New Delhi – 110 066.

3.Addl. Central PF Commissioner – HQ (Pension),

Office of the Emplioyees Provident Fund

Organisation (EPFO)

Bhavishya Nidhi Bhawan,

No.14, Bhikanji Cama Palace,

New Delhi – 110 066.

4.Regional Provident Fund Commissioner,

Office of the Employees Provident Fund

Organisation (EPFO),

Bhavishya Nidhi Bhavan,

No.37, Royapettah High Road,

Azad Nagar, Royapettah,

Chennai 600 014,

Tamil Nadu.

5.Regional Provident Fund Commissioner,

Office of the Employees Provident Fund

Organisation (EPFO),

Bhavishya Nidhi Bhavan,

NGO “B” Colony,

Thirunelveli – 627 007,

Tamil Nadu.

6.Secretary

M/s.Southern Petrochemical Industries

Corporation Limited (SPIC),

88, Mount Road, Guindy,

Chennai – 600 032.

... Respondents

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W.P.No.25195 of 2019

Prayer: Petition filed under Article 226 of the Constitution of India

praying for issuance of a Writ of Mandamus directing the 5^th

respondent to receive the net amounts receivable by them towards

refund of provident fund amounts received and allow the petitioner

to receive their respective pensions based on their actual salary as

directed by the Hon'ble Supreme Court in its Judgment dated

31.03.2016 and 16.03.2017 read with approval of the Ministry of

Labour and Employment dated 16.03.2017 and the circular of the

2^nd respondent dated 23.03.2017.

For Petitioners

: Mr.Vedavallikumar

For RR 1 to 5

: Mr.T.R.Sundaram

Standing Counsel

ORDER

In a batch of Writ Petitions, similar to the present Writ

Petitions, in W.P.No.14368 of 2018, etc., this Court, by order dated

27.03.2019, passed detailed directions in para 48 and allowed all

the Writ Petitions in para 49, which are extracted as under:

"48.In

the

above

mentioned

circumstances, this Court consider the following

directions as expedient to resolve the issues as

projected in the Writ Petitions.

i) Both the employees of the exempted

and unexempted establishments are

entitled to the benefit of enhanced

pension on the basis of their

contribution with reference to actual

salary received by them to their

Provident Fund accounts;

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W.P.No.25195 of 2019

ii) The cut off date as prescribed i.e.

01.12.2004 is invalid in law and

therefore, the same is held to be

illegal and invalid;

iii) The employees, namely, the writ

petitioners shall be permitted to

exercise their option in terms of

Proviso to Clause 11(3) of the

Pension Scheme and while permitting

so, the EPFO is at liberty to seek

return of the higher Provident Fund

contribution

received

by

the

respective employees with simple

interest at the rate of 6% p.a. from

the date of receipt of Provident Fund

amount and till the date of payment;

iv) The amounts to be refunded by the

employees con