Again Injustice Behavior of EPFO: EPFO has filed an IA in Special Leave Petition (Civil) no. 8658-8659 of 2019 in the Suprme Court

On 07.07.2021, EPFO has filed an IA in Special Leave Petition (Civil) no. 8658-8659 of 2019 in the matter EPFO vs Sunil Kumar B. & ors seeking listing of the matter on 11.08.2021 and commencement of final hearings on a day-to-day basis in terms of the order dated 25.02.2021.

In the said application, it has been submitted as under:

1. EPFO was constrained to submit this SLP because the amendments made to Employees’ Pension Scheme, 1995 (“EPS”) were struck down by the High Court of Kerala without considering the provisions of Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 and the provisions of Employees’ Provident Funds Scheme, 1952 and EPS. The striking down of the amendments caused a run-on EPS as it enabled those who had exited EPS long ago, to seek retrospective revision of pension without having ever contributed to the pension fund at the prescribed rates at prescribed times.

2. The statutory actuary reported that the compliance of that judgment would cause a net actuarial deficit of Rs. 15,28,519.47 crores. This would jeopardise the survival of EPS which would threaten the social security for the vast majority of socio-economically vulnerable employees earning up to Rs. 15,000/- per month.

3. In this context this Hon’ble Court had heard this matter on 29.01.2021 and 25.02.2021. On 25.02.2021, this Hon’ble Court identified four matters for hearing arguments on all the issues and directed all the matters to be listed for day-to-day hearing from 23.03.2021. That order is annexed as Annexure A1 (pp.6-17). Thereafter, the matters were listed from time to time until the functioning of this Hon’ble Court was interrupted due to second wave of COVID. On 20.07.2021 this Hon’ble Court ordered the matters to be listed on 11.08.2021. The order dated 20.07.2021 is annexed as Annexure A2 (pp. 18-30 )

4. It is submitted that this matter may be taken up for final hearings. In the past adjournments have been taken by the respondents/pensioners. Given the immense importance in securing social justice of this country and protecting the rights of vulnerable sections of the Indian workforce, it is prayed that this Hon’ble Court may commence final hearings in this matter on 11.08.2021 on a day-to-day basis as earlier ordered on 25.02.2021.

5. The application is submitted bonafide and in the interest of justice.

CODE A

PRAYER

For the above-mentioned reasons, it is prayed as under:

A. SLP (C.) 8658-8659 of 2019 may be taken up on 11.08.2021 with all the connected matters, for hearing on a day-to-day basis as ordered on 25.02.2021;

B. Pass such other order(s) as may be deemed fit and proper.

Copy of the aforesaid IA is being shared

CLICK HERE TO DOWNLOAD AI COPY

Please note the reason mentioned, herein, as at Para 1 critically.  By claiming relief on this reason i.e. as it enabled those who had exited EPS long ago, to seek retrospective revision of pension without having ever contributed to the pension fund at the prescribed rates at prescribed times., EPFO is trying to treat all the retired employees IN-ELIGIBLE for higher pension whether belonging to Pre-1.9.2014 or Post 1.9.2014 and whether from Exempted or from Unexempted establishments.

Credit: Hon. Parveen Kohali Sir