ACHYUT BHORASKAR Vs. EMPLOYEES PROVIDENT FUND ORGANISATION

JUDGEMENT

(1.) Parties through their counsel.

(2.) The petitioner before this Court, who is a retired employee of Indore Development Authority has filed this present petition for issuance of an appropriate writ, order or direction directing the employer to hold that the petitioner is entitled for enhancement of pension keeping in view the letter dated 22.11.2006 (Annexure P-4), as the employer has deducted less than 12% from his salary towards contribution payable under the Employees Pension Scheme, 1995. The contention of the learned counsel is that under the Scheme, 12% amount of the salary has to be deducted by the employer and contribution to the extent of 12% has to be made by the employer towards the employees fund. His contention is that out of the 12%, only 8.33% has been deposited in the pension fund and 3.67% has been deposited in the provident fund and the employer has deducted 8.33% and, therefore, the pension being granted to the petitioner is less than his entitlement.

(3.) The aforesaid controversy has been decided by this Court in the case of Devendra Kumar Sharma & Others Vs. Sant Ravidas Madhya Pradesh Hastshilp Evam Hathkargha Vikas Nigam Ltd. & Others, (W.P. No.3368/2014) and the order passed in the aforesaid matter reads as under:-