JOJO JACOB Vs. SANDEEP BISWAS

JUDGEMENT

(1.) These contempt cases have been filed alleging non compliance of directions issued by this Court in a batch of writ petitions. By virtue of the judgment, about five hundred and ten writ petitions came to be disposed of by a common judgment. The petitioners in those cases, that too several in numbers, were employees of various establishments covered by the Employees' Provident Funds and Miscellaneous Provisions Act , 1952. The grievance projected by them was that the respondents had not extended the provisions of the Employees Pension Scheme, 1995. They also challenged the provisions of Employees' Pension (Amendment) Scheme, 2014 by which there was a drastic reduction of the pension payable to them. Some of the writ petitioners challenged the validity of the amendment as well. The Division Bench after considering the substantial contentions urged on either side, held from paragraph 38 onwards as under:-

(2.) The contention urged by the complainants is that there is wilful default on the part of the respondents in not complying with the directions in the judgment. Though the employees had taken steps by exercising the option as stipulated in paragraph 26 of the EPF Scheme, no action was taken by the EPF Organisation to provide the eligible pension as contemplated under the Scheme.

(3.) On the other hand, learned counsel appearing for the EPF Organisation would submit that though by the aforesaid judgment, the provisions of the amended scheme has been set aside, including the consequential orders and other proceedings, in the absence of a positive direction to provide pension to the writ petitioners, it cannot be stated that the respondents have committed wilful contempt of the directions. It is further stated that though the EPF Organization had challenged the matter before the Apex Court and it came to be dismissed, a Review Petition had been filed before the Apex Court, which is pending consideration. That apart, Union of India has also challenged the aforesaid judgment before the Apex Court and both the matters are being listed for hearing.