J U D G M E N T

The petitioners who are employees of the fourth respondent Corporation claim the benefit of the proviso to Para 11 (3) of the Employees' Pension Scheme, 1995 framed under Section 6A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The petitioners contend that no additional liability will be fastened on the Employees' Provident Fund Organization by adopting such a course and that only a book adjustment from the Employees' Provident Fund account to the Pension Fund account is necessary.

2. The issue is covered by the judgment dated

4.11.2011 in W.P.(C) Nos.6643 and 9929 of 2007 wherein it is concluded as follows:-

“It is declared that the fixation of cut off date of 1.12.2004 is without jurisdiction and despite the fact that the petitioners have filed the applications for benefit under the proviso to clause 11(3), after the cut off date so fixed, the petitioners are entitled to W.P.(C) Nos.7878, 15252 & 15313 of 2011 avail of the benefit under the proviso to clause 11(3) of the Employees' Pension Scheme. ................. Consequently, the arrears of contributions payable by the petitioners for availing of the benefit of the said proviso shall aga