Maheshwaran N.S. vs. Union Of INDIA
Held
The High Court noted that the issue was settled by the Hon’ble Supreme Court in *EPF Organisation and Another v. Sunil Kumar B and Others*. It directed the competent respondents to re-consider the petitioner's claims in light of the Supreme Court's dictum within three months.
Facts
A retired employee sought higher pension under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, challenging the wage ceiling in paragraph 11(3) of the Employees’ Pension Scheme, 1995. He requested recalculation based on his full contributions and actual average monthly pay.
Key Issues
Whether the petitioner is entitled to higher pension under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, without the wage ceiling prescribed in paragraph 11(3) of the Employees’ Pension Scheme, 1995.
Sections Cited
No CGST/SGST Act sections or Rules were discussed as this case pertains to Employees' Provident Fund and Pension Scheme.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 22ND DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 WP(C) NO. 28103 OF 2020 PETITIONER/S: MAHESHWARAN N.S. AGED 58 YEARS S/O SUBHARAMA IYER, THEERTHAM, PANTHALOOR ROAD, NELLAYI P.O.THRISSUR, KERALA-680 305, EPF A/C NO.KR/KKD/000279/0001191 P.P.O NO KR/KCH/00118465. BY ADVS. V.V.NANDAGOPAL NAMBIAR SMT.SMITHA (EZHUPUNNA) SRI.DHEERAJ KRISHNAN PEROT SMT.CHITRA JOHNSON RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SAKTHI BHAVAN, RAFFI MARGH, NEW DELHI-110 001. 2 THE CENTRAL PROVIDENT FUN COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI BHAVAN, NEW DELHI-110 066. 3 THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOCHI-682 017. 4 THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOZHIKODE-673 006. 5 MATHRUBHUMI PRINTING AND PUBLISHERS CO LTD, REGISTERED OFFICE AT KOZHIKODE-673 001, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. SRI.M.N.MANMADAN, CGC DR.ABRAHAM P.MEACHINKARA SRI
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