UNION OF INDIA Vs. JALE SINGH

JUDGEMENT

(1.) With consent of learned counsel for the parties, the appeals were heard.

(2.) These appeals urge common questions with regard to applicability of the amended Employees Pension Scheme, 1995 (hereafter called EPS, 1995 ). Clause 11(3) of the Pension Scheme provided for maximum pensionable salary limited to Rs.5,000.00, which was later, with effect from 1/6/2001, enhanced to Rs.6,500.00 per month and it was yet later enhanced to Rs.15,000.00 per month. By virtue of further amendment, proviso was inserted to clause 11(3) of the Pension Scheme with effect from 16/3/1996, permitting the employer and the employee to opt for contribution on salary exceeding Rs.5,000.00 (later enhanced to Rs.6,500.00 per month). It is also stated that 8.33% share of the employer s contribution would be remitted to the Pension Fund (PF). By notification on 22/8/2014, clause 11(3) of the Pension Scheme was deleted with effect from 1/9/2014. The result was that the benefit of the proviso could not be extended to the employees after 1/9/2014, if they had not exercised the option earlier.

(3.) The private-respondents had approached this Court contending that the employers and the Employees Provident Fund Organization (EPFO) have taken a position that some establishments were exempted. Therefore, the relief claimed was that the employees would be entitled to pension under the EPS, 1995 based upon pensionable salary reckoned in accordance with the actual salary from the date of joining of the Pension Scheme. The writ-petitioners had relied upon a judgment of the Kerala High Court in P. Sasikumar and Ors. Vs. Union of India and Ors.,2019 1 LLJ 494. Reliance was also placed on the decision of the Supreme Court in R.C. Gupta and Ors. Vs. Regional Provident Fund Commissioner, Employees Provident Fund Organization and Ors.,2018 14 SCC 809.