Bad News for EPS 95 Pensioners: Judgement delivered by the Kerala High Court order on 12 October 2018 in R/O WPC 13120 of 2015 and other matter has been stayed by Supreme Court

Effect and operation of the judgement delivered by the Kerala High Court order on 12 October 2018 in R/O WPC 13120 of 2015 and 602 of 2015 and connected matters that is more than 500 matter has been stayed by Supreme Court on 12 july 2021

Click Here to Download: SC Stay Order dt. 12.07.2021 in SLP 8547 of 2021 - KHC order dt 12.10.2018 in WPC 13120 & 602 of 2015

For information of all EPS 95 pensioners you will be astonished to know that the learn advocate general of India that is Mr. K K Venugopal has succeeded in obtaining stay order from the supreme court through the bench consisting of the Honorable Justice Mr. Uday Umesh Lalit and Honorable Justice Mr. Ajay Rastogi during the hearing of an SLP No. 8547/2021 on 12th July 2021 title Sandip Biswas RPFC Vs Jojo Jacob and arising out of impugned final judgement and order dated 6th November 2020 in CCC No. 1176 of 2019 passes by the high court of Kerala at Ernakulam.

The observations related to above information were on the basis of information provided by a concerned AOR of SC engaged in many WPs and also the stand taken by EPFO (through Mr. Siddharth, Advocate) before the Himachal High Court, Shimla on 13.07.2021 during the course of hearing an LPA and agreeing to EPFO’s statement reg. STAY GRANTED BY SC ON 12.07.2021, the said case had further been adjourned to 20.07.2021.

As Per detailed discussions with an eminent advocate of Kerala who has been engaged in several hundred cases by the pensioners at Kerala High Court (including CCC no. 1176 of 2019 which was reg. non compliance of orders dt. 12.10.2018 of KHC). This order dt. 06.11.2020 in Contempt cases challenged by EPFO in SC (SLP 8547 of 2021) was a common order deciding around 70-80 other connected similar matters too wherein the non compliance of order dt. 12.10.2018 had been agitated/ alleged. As per the interpretation of the aforesaid advocate, the stay order dt. 12.07.2021 will be applicable ONLY TO THOSE CASES WHICH HAD BEEN CHALLENGED BY EPFO IN SC THROUGH SLP NO. 8547 OF 2021.

His views are based on the text of the order dt 12.07.2021 which says that “Pending further consideration, the effect and operation of the judgment PRESENTLY UNDER CHALLENGE shall remain stayed.” The judgment under challenge was in the case CCC no. 1176/2019.

Now, which way the EPFO interprets the order dt 12.07.2021 will be known in the times to come and we have no other option but to wait & watch.

Credit Hon. Mr Parveen Kohli