The Kerala High Court in the case Saheer S V Union Of India observed and has directed on April 12, 2023 that the Employees Provident Fund Organization to modify its online system in order to allow employees or the pensioners to comply with the directives of the Supreme Court wherein opting for the higher pension without having to provide copies of the option as it is being stated under paragraph 26(6) of the Employees Provident Fund Scheme, 1952.
The Single judge bench headed by Justice Ziyad Rahman in the case observed while granting the interim order and has directed that the Employees Provident Fund Organization and the authorities to make adequate provisions in their online facility in order to enable the employees or the pensioners for furnishing the options in tune with the directions of the Honourable Supreme Court, which being without the production of the copies of option as it is stated under paragraph 26(6) of the Scheme, 1952 and also the details thereof, for the time being.
In the said case, the court observed and has passed the interim order while considering the petition of 20 BSNL employees which pertains to their entitlement for higher pension under the Employees Provident Funds and Miscellaneous Provisions Act, 1952.
The petitioner in the case informed the court that under the directions issued by the Supreme Court in the case EPF Organisation v. Sunil Kumar, wherein they are required to submit the opinion of them for higher pension under the Employees’ Pension Scheme, 1995 by May, 03, 2023.
Further, the petitioner in the case also informed the court that the petitioner is to submit one of the details in the option form was a copy of the permission under paragraph 26(6) of the 1952 Scheme. The petitioner in the case were not able to submit their online option form, as the system insisted on the details of the option as stated under paragraph 26 (6) for successful submission of the form. Therefore, the petitioner would not be able to avail the benefit of the scheme if the form is not submitted by them within the cut-off date.
In the present case, the petitioner’s case being that even though they are being allowed to pay higher contribution which is based on their salary, above the ceiling limit prescribed, as provided under paragraph 26(6) of the Scheme, before the court, no formal option had been submitted by them as it has never been insisted by EPFO on submission of such option.
It has also been argued by EPFO before the court that the option as it is stated under paragraph 26(6) being an important requirement for availing the benefit of the scheme and the option being submitted by the petitioners in the plea could not be have processed without the same.
However, the court in the case observed and has found the balance of convenience which is to be in favour of the petitioners and the court granted the interim order as the petitioner prayed for.
The court observed that the only view that this court can take is that the petitioners have succeeded in establishing a prima facie case, wherein warranting an interim order in the matter. The said court is to notice that the balance of convenience also favours the petitioners. Thus, the Honourable Supreme Court fixed the cut-off date as May, 03, 2023 for submitting of the options. The EPFO is to furnish the details of the option as stated para 26(6)of the Scheme, 1952, and also in view of the peculiar nature of the online facility provided for such submissions, they are also now prevented from submitting the said options. There can be no such dispute that if they were not permitted to submit their options before the cut-off date and they would also be deprived of their opportunity in order to claim the benefits of the judgment of the Honourable Supreme Court forever.
Accordingly, the court passed the interim order in favour of the petitioner.
