Reproduced below is the update by Mr. Harikrishnan T E on the proceedings of the Madras High Court bench headed by CJ yesterday the 6th Feb as scheduled.
Search Today's Supreme Court Proceeding on Higher Pension Cases Below
"Dear EPS 95 Pensioner Friends,
As I was tied up with my own personal commitments, I was not in a position to inform you all about the developments that took place in the Court yesterday. I feel sorry for the delay in giving my updating.
EPS Case came for hearing at 4.37 pm yesterday with only 8 minutes left for the Proceedings but the Hon'ble Judges were kind enough to spare their precious time upto 4.55 pm.
At the beginning, the Advocate for EPFO informed the Court that the Review Petition and SLPs on EPS Case would be heard by the Bench consisting of three Judges in the Hon'ble Supreme Court on 2.3.2020 and requested the Court to adjourn the case till such time to know the verdict of the Hon'ble Supreme Court.
One of the Counsels appearing for the Petitioners brought to the notice of the Judges that the Review Petition and SLPs have been listed for hearing in the Supreme Court on 11.2.2020.
The other side Counsel stood himself corrected but pleaded that since the similar Prayers are going to be dealt with in the Supreme Court, this Court may wait till the verdict is pronounced by the Supreme Court.
Counsel appearing for Ashok Leyland Petitioners produced a copy of the Order dated 10.4.2018 issued by the Supreme Court directing that the respective High Courts can decide on this matter based on merits.
Then EPFO Advocate admitted in the Court that following this Order the High Courts in Kerala, Rajasthan, Telengana/Andra Pradesh, Madras, etc have passed orders in favour of Petitioners/Pensioners. However, he informed that for granting Pension on actual salary for the Pensioners of a particular Organisation, they need about Rs.9 crore and on the one hand the Pensioners will give the amount to EPFO and immediately they will get back more than the amount remitted on the other hand which will make a situation that Provident Fund will perish.
Advocate for SPIC informed that already thousands of employees of Unexempted and Exempted Establishments have been granted higher pension based on actual salary.
He further stated that in the case of some of his Clients, EPFO has withdrawn the higher pension sanctioned to them and the amount collected from his Clients has been remitted back to the Clients.
One of the Counsels appearing for Pensioners informed the Judges that aged Pensioners are forced to run pillar to post at this age for higher pension.
One of the Hon'bleJudges said that since the case is in Supreme Court we may wait for some time while there is no bar in taking up the case in the High Court.
Meantime, another Advocate informed that there is no differentiation between the Employees of Unexempted Establishments and the Employees of Exempted Establishments in the Supreme Court Judgement as classified by the EPFO.
The Hon'ble Chief Justice said that the single Judge has recorded in his Order that there is no distinction between the employees of Unexempted/Exempted Establishments but after the quick perusal of some lines in the Supreme Court Judgement made a passing reference that prima facie there seems to be some difference in the Order of the Supreme Court.
Finally, he concluded stating that as the EPS Cases have now been listed for hearing on 11.2.2020 in the Supreme Court, the EPS Cases in this Court will be listed on 14.2.2020.
Friends, now we have an herculean task of establishing our legal right before the Division Bench of Madras High Court as was done before the single Judge of Madras High Court.
Further, our EPS Cases have now been given a link to the EPS Cases to be heard by the Supreme Court. One way it may be good but if the case is not listed in the Supreme Court on 11.2.2020, we will request the Division Bench of Madras High Court to hear the case and pass orders based on merits. Getting a Judgement in favour of Pensioners from the Division Bench will add strength for our legal claim in the Supreme Court.
We fervently hope justice will be rendered to the Pensioners by the Division Bench of Madras High Court and by the Supreme Court.
UNITY IS STRENGTH (Please see the 'Forward' which proves how Unity enhances the Strength for Success)
T E HARIKRISHNAN"
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