RAJASTHAN ROADWAYS SEVANIVRAT Vs. UNION OF INDIA
HIGH COURT OF RAJASTHAN
Rajasthan Roadways Sevanivrat
UNION OF INDIA
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(1.) The issue involved in this case is identical to the issue covered by the judgment rendered by this Court in DBSAW
No.436/2019 (Union of India & Ors. Vs. Jale Singh & Ors. &
connected cases) decided on 28/08/2019.
(2.) The argument of the appellant is that the organisations are not covered and it relied upon proviso to Clause 11(3) of the
Employees Pension Scheme, 1995. The court had in Jale Singh
(supra) disposed of the appeals after noticing the judgments of
other High Courts and stated as follows:-
"8. It is quite evident that the Kerala and Delhi High Courts have taken a consistent position with regard to the applicability of the proviso to clause 11(3), which stood deleted, by the amendment of 2014. The Delhi High Court has made elaborate consequential directions, with regard to payouts by individual provident fund trusts set up by each organization. The Delhi High Court's judgment in Bhartiya Khadya Nigam Karamchari Sangh (supra), pertinently directs as follows:-
"40. We, thus, allow the present petitions and quash the circular dated 31.05.2017. We hold that the petitioners would be entitled to higher monthly pension on the basis of their contributions on the actual salary, without any cutoff date and de hors the ceiling limit. We deem it fit to pass the following directions to resolve the issues as expeditiously as possible:
i. The petitioners being employees of the exempted establishment would be entitled to the benefit of enhanced pension on the basis of their contribution to the provident fund on the actual salaries received by them.
ii. The EPFO is at liberty to seek return of the higher provident fund contribution received by the petitioners with simple interest at the rate of 6% p.a. from the date of receipt of provident fund amount till the date of payment.
iii. The respondent Nos. 4 and 5 are directed to cooperate with the EPFO and render all assistance in quantifying the amount to be refunded by each of the petitioners, with interest @ 6% p.a. on such return. The Trust has already remitted 8.33% of the contribution of the petitioners on the ceiling amount. The balance corpus comprising of the remaining contributions on the actual salary @ 8.33% would be transferred by the Trust to the Pension Fund of the EPFO with all gains and the interest accrued so far.
iv. On refund of the above-mentioned amounts, the EPFO shall calculate and disburse enhanced pension to the petitioners on the basis of the actual salaries. The arrears of pension falling due to the petitioners from the date of their respective retirement will be cleared by the EPFO and the EPFO shall continue to pay the monthly pension henceforth at the enhanced rates.
v. The entire exercise shall be completed by respondent no.4 and 5 and the EPFO within a period of six months from the date of receipt of a copy of this order."
9. This Court is of the opinion that the same directions of Bhartiya Khadya Nigam Karamchari Sangh (supra) ought to be applied to the facts of these cases as well. It is accordingly directed. At the same time, being cognizant of the fact that the issue is pending before the Supreme Court, the Court further clarifies that the final decision in this regard shall be subject to, and in accordance with the final judgment of the Supreme Court.
10. The appeals are disposed of in the above terms."
(3.) Following the decision in Jale Singh (supra), the present writ petitions too are disposed of; final decision of the Supreme
Court shall bind the parties.;
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