UNION OF INDIA Vs. A.K.JAYAPPAN

JUDGEMENT

(1.) THE Union of India and the Regional Provident Fund Commissioner respondents 1 and 2 in the writ petition, filed by the private party respondents in these appeals, are the appellants except W.A. No.1174/2012 which is filed by the Central Provident Fund Commissioner and the Assistant Provident Fund Commissioner (Pension). The writ petitioners, in W.P.(C) Nos. 6643/2007 pertaining to W.A. No. 568/2012 and on W.P. (C) No. 9929/2007 pertaining to W.A. No. 569/2012 were employees of FACT Limited 3rd respondent in those writ petitions. The writ petitioners in W.P.(C) No. 13220/2007 pertaining to W.A. No.1174/2012 were employees of Hindustan News print Ltd., the 2nd respondent in the writ appeal. Writ Petitioners in W.P.(C) No. 15313/2011 corresponding to W.A. No.1138/2012, Writ Petitioners No. 7878/2011 corresponding to W.A. No.1135/2012 were employees of the Kerala State Handloom Development Corporation Ltd., the 4th respondent in those writ petitions. The learned Single Judge allowed W.P.(C) Nos.6643 & 9929/2007 by a common judgment and in terms of that common judgment allowed the other writ petitions also.

(2.) THE issue raised in all the writ petitions were similar though the facts varied slightly. Subject to such variations, the facts are as given below. The writ petitioners came under the Employees Provident Fund and Miscellaneous Act, 1952. At the time of promulgation of the Scheme, for the purpose of payment of pension, the maximum pensionable salary was limited to Rs.6,500.00 per month and contributions in respect of the Pension Scheme was payable only on that amount. The petitioners were also enrolled as members of the Employees' Pension Scheme. Contributions in respect of the petitioners were paid on Rs.6,500.00 which was the maximum pensionable salary per the Scheme. While so, the Employees Pension Scheme was amended to permit employees, who had paid contributions only on Rs.6500.00 to pay contributions on the actual salary received by them without limitation, by adding a proviso to clause 11 (3) of the Employees' Pension Scheme 1995 with effect from 16/3/1996. The petitioners sought for permission to pay contributions based on the actual salary and requested that the arrears of contributions be transferred to the Pension Fund From their Provident Fund accounts. This was accepted by the Provident Fund Organisation by Ext.P2 in both writ petitions. Consequently, the arrears of contributions based on the actual salary was transferred from their Provident Fund account to the Pension Fund account in December 2004. But, subsequently, they were informed that this cannot be permitted because for availing of the benefit an employee has to apply on or before 1/12/2004 and the petitioners had applied subsequent to the cut off date so fixed. The arrears transferred from the petitioners' Provident Fund Account to the Pension Account was directed to be re-credited to the Provident Fund Account. It is under the above circumstances, the petitioners filed these writ petitions seeking reliefs homologous to the reliefs sought for in the writ petition No.6643/2007 which were the following :

(3.) IN these appeals, wherein similar or identical grounds have been urged, the request is that the judgment of the learned Single Judge is set aside and the writ petitions be dismissed.