Subsequently, the Supreme Court dismissed the special leave petition filed by the EPFO against the Kerala High Court’s decision in 2019.
There is good news for employees and pensioners. The Supreme Court can pronounce its verdict on November 8 on the appeal of the Employees’ Provident Fund Organization (EPFO) in the matter of fixing the pension. In this, the Employees’ Pension (Amendment) Scheme 2014 was canceled.
In fact, Chief Justice UU Lalit is retiring on November 8, so there is a possibility that before retirement, he can pronounce the decision on the matter of fixing the pension. The EPFO has challenged the decisions of the Kerala High Court, Delhi High Court and Rajasthan High Court by filing an appeal in the Supreme Court. All three High Courts had canceled the Employees’ Pension (Amendment) Scheme 2014.
According to media reports, the Kerala High Court in 2018 while quashing the Employees’ Pension (Amendment) Scheme, 2014, allowed the grant of pension in proportion to the salary above the limit of Rs 15,000 per month and said that joining the scheme There can be no cut-off date. Subsequently, the Supreme Court dismissed the special leave petition filed by the EPFO against the Kerala High Court’s decision in 2019.
According to media reports, the dismissal of the SLP was withdrawn in the review application filed by the EPFO-Central Government in this matter. Then a 2-judge bench of the Supreme Court again sent the matter to a 3-judge bench for consideration in August 2021. There shall be a cut-off date under paragraph 11(3) of the Employees’ Pension Scheme or the ruling of RC Gupta v. Regional Provident Fund Commissioner (2016), the governing principle, on the basis of which all these matters should be disposed of.
The main argument of EPFO is that both pension fund and PF are separate and PF membership does not translate into pension fund membership. is allowed to receive, the fund will be unbalanced.
