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EPS 95 Latest Update From Kerala High Court: Judgment dated 24.6.2020 in WP(C).No.20557 of 2019 Necessarily Action to be Initiated for Re-Determination of the Pension

JUDGMENT
Dated this the 24th day of June 2020
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The petitioners are retired employees of 4th respondent-HMT Machine Tools Ltd. They approached this Court claiming Provident Fund benefits based on the average salary drawn for last 12 months. This claim essentially rests on a decision in P.Sasikumar and Others V Union of India [ ILR 2019 (1) Kerala 614 ] of the Honourable Division Bench of this Court, which stands affirmed in Special Leave Petition (SLP) filed by the Employees Provident Fund Organisation (EPFO).


2. The learned Standing Counsel for the EPFO entered appearance and resisted the prayers. It is submitted that EPFO has filed a review petition before the Hon'ble Supreme Court, which is still pending. It is further submitted that the Union of India has filed SLP No.11023/2019 against P.Sasikumar's case (supra) which is also pending before the Hon'ble Supreme Court.


3. As of now, there is a concluded judgment. Necessarily, an action has to be initiated for re-determination of the pension in the light of the directions given in the aforesaid decision. Needful shall be done within a period of four months. However, this will be subject to any pending proceedings as aforenoted. The writ petition is disposed of as above.




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