Eps 95 Higher Pension Cases Hearing 4 August News: In today’s hearing before Hon’ble Supreme court Sr.lawyer Sh. Pillai very effectively presented the pensioners’ case. Hon’ble Justice asked the repercussions of amendments dt.22.8.2014.Mr. Pillai described everything including deletion of clause 11(3) ,calculation of pension based on 60 months instead of earlier 12 months.
Mr.Pillai very effectively placed the data that ultimate liability is only Rs.15,000 crore instead of the exaggerated figure of Rs 15 lakh crores. It is also placed before the Hon’ble court that the accumulation of funds of EPFO is gradually increasing.
Mr.Pillai has done great homework to demolish the point of financial Sustainability repeatedly mentioned by EPFO and GOI lawyers. All Hon’ble judges seem to be very receptive to this argument. Mr.Pillai also said that even daily wages workers earn Rs.1000 daily whereas these pensioners are earning less than this amount monthly, hence the review petition of EPFO and SLP of GOI be dismissed.
Dear friends in post lunch Session before Hon’ble Supreme Court on amended EPS 95 pension issue Sr.lawyer Mr.Mathura made very valid point that no document is available for determining cut off date I.e 1.12.2004.
When the cut off date was 1.12.2004,EPFO was allowing it retrospectively,this point support the point very strongly that this scheme can be opted retrospectively as earlier arguments EPFO/GOI said it is not possible now.
Mr.Mathura also mentioned that after 1.12.2004 EPFO has not entertained options on higher salary.Mr Mathura cited one case judgement of 2018 in respect of Bank of Baroda to make point regarding cut off date and also no amendment can be made which is detrimental to the cause of workers.Power to amend any act does not allow to negate any benefit.
Mr.Venkataramani started on allowing the benefits to exempted organisation.Hon’ble judge made some observation regarding listening the issue of exempted organisation today but our lawyers was joined by many lawyers of other exempted organisation.
They mention the scheme is same but by one advisory dt.31.5.2017 EPFO discriminated and denied pension on higher salary to exempted trust employees.Mr.Venkataramani said in PF Act there is no difference between exempted trust or non-exempted trust.So cial securities are applicable even in all other countries also.
All of a sudden bringing amendments which will deprive large number of section is not at all correct.This amendment of 22.8.2014 shifts the burden of 1.16% from Govt to individual.Rebutting financial sustainabilty argument of EPFO Mr Venkataramani very logically said it is violation of our Fundamental right.Artificial decisions have been taken ignoring constitutional arguments Mr.Venkataramni concluded.SAIL Sr.lawyers also mentioned that the Act do not discriminate between exempted and unexempted trust
Hon’ble bench will listen exempted organisation issue tomorrow at 2 PM also.Hope and Pray for the best.One thing can be said about today’s proceedings that lawyers of pensioners made good efforts to put their point effectively.
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