WP(C) NO. 12960 OF 2025 1 2025:KER:30018 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 12960 OF 2025 PETITIONER/S: K. SIVANKUTTY NAIR AGED 70 YEARS S/O KUNJUKRISHNAN NAIR , VISAKH, NEAR MILK SOCIETY, THAMARAKULAM P.O, ALAPPUZHA DISTRICT, KERALA STATE., PIN - 690530 BY ADV I.VINAYAKUMARI RESPONDENT/S: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVT. OF INDIA, MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT , NEW DELHI, PIN - 110001 2 ADDITIONAL CENTRAL PF COMMISSIONER ( HQ ) (PENSION), EMPLOYEES PROVIDENT FUND ORGANIZATION, ( EPFO) MINISTRY OF LABOUR AND EMPLOYMENT, GOVT. OF INDIA, NBCC CENTRE, BLOCK-2, GROUND FLOOR- 4TH FLOOR, EAST KIDWAL NAGAR, NEW DELHI, PIN - 110023 3 REGIONAL PROVIDENT FUND COMMISSIONER ( P & A ) EMPLOYEES -PROVIDENT FUND ORGANIZATION , ( EPFO ) (MINISTRY OF LABOUR & EMPLOYMENT , GOVT. OF INDIA) REGIONAL OFFICE , BHAVISHYA NIDHI BHAVAN PATTOM, THIRUVANANTHAPURAM, PIN - 685004 4 REGIONAL PROVIDENT FUND COMMISSIONER-II( PENSION ) EMPLOYEES’ PROVIDENT FUND ORGANIZATION(EPFO) WP(C) NO. 12960 OF 2025 2 2025:KER:30018 (MINISTRY OF LABOUR & EMPLOYMENT , GOVT. OF INDIA) REGIONAL / SUB - REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN KALOOR, KOCHI ( COCHIN ) , KERALA STATE, PIN - 682017 5 REGIONAL PROVIDENT FUND COMMISSIONER-II ( PENSION ) EMPLOYEES’ PROVIDENT FUND ORGANIZATION(EPFO) (MINISTRY OF LABOUR & EMPLOYMENT , GOVT. OF INDIA) REGIONAL OFFICE, PONNAMMA CHAMBERS -1, PARAMESWAR NAGAR, (OPP - ARCHANA ARADHANA THEATRE) KOLLAM, PIN - 691001 6 THE KERALA MINERALS AND METALS LIMITED(KMML), CHAVARA, CHAVARA PO, KOLLAM REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,, PIN - 691583 7 THE BRANCH MANAGER STATE BANK OF TRAVANCORE ( SBI ) THAMARAKULAM BRANCH , ALAPPUZHA, ALAPPUZHA DISTRICT, KERALA ., PIN - 690530 BY ADV NITA N.S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12960 OF 2025 3 2025:KER:30018 JUDGMENT The petitioner retired from the service of the 6th respondent establishment after putting in 23 years of service. The application of the petitioner for revision of pension on arrear wages was rejected by the 5th respondent vide Ext.P11 on the ground that the application can be considered only after remittance of penal damages under Section 14B and interest levied under Section 7Q, of the EPF Act. It was directed in Ext.P11 that the revision cases shall be forwarded only after the payment of penal damages and 7Q interest for belated payment. The petitioner made further request for revision of pension on arrear wages and the same was also rejected by Ext.P19 stating that the matter of remittance of Penal Damages and interest in respect of belated remittance of contribution by the employer is under litigation. 2. The learned counsel for the 6th respondent employer submits that the legality of the order imposing damages under Section 14B of EPF Act was interfered with by the Single Bench of this Court in W.P.(C)No.14294/2015 and the levy of interest under Section 7Q was modified by the Division Bench by judgment dated 26.03.2024 in W.A.No.1902/2017. It is submitted that the matter of remittance of penal damages and interest is no longer under litigation. 3. In the light of the judgment in W.P. WP(C) NO. 12960 OF 2025 4 2025:KER:30018 (C)No.14294/2015 and W.A.No.1902/2017, Ext.P19 is set aside. There will be a direction to the 5th respondent to consider the application of the petitioner for revision of pension on arrear wages, in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition and the copy of the judgments in W.P.(C)No.14294/2015 and W.A.No.1902/2017 along with the copy of this judgment before the 5th respondent for compliance. The writ petition is disposed of accordingly. sd/ MURALI PURUSHOTHAMAN JUDGE jm/ WP(C) NO. 12960 OF 2025 5 2025:KER:30018 APPENDIX OF WP(C) 12960/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF A CIRCULAR NO.TP/PD/P1- 16/04 TOWARDS THE E.P.F.PENSION SCHEME ISSUED BY THE JOINT GENERAL MANAGER(P&A) OF THE KMML, DATED 19.03.2004 Exhibit P2 TRUE COPY OF THE AMOUNT REMITTED TO PF COMMISSIONER BY 1567 EMPLOYEES OF THE KMML IN -TP UNIT-TOWARDS EACH OF THEIR OWN ADDITIONAL CONTRIBUTION ‘EPS- ABSTRACT-1, 20/10/2004’ AS PER THE KMML(KR/10315) Exhibit P3 TRUE COPY OF A LETTER .NO. KR/TVM/PEN- CELL (4) KMML/ KR/10315/07 - DATED 20.02.2007- TOWARDS THE APPROVAL OF THE PENSION CONTRIBUTION BEYOND STATUTORY LIMIT- WAS SENT BY THE REGIONAL PF COMMISSIONER(F &A) OF EPF ORGANIZATION TO THE MANAGING DIRECTOR OF THE KMML Exhibit P4 TRUE COPY OF A LETTER NO/KR/KLM/AB6(1) 10315 DATED 31.07.2014 WAS SENT BY THE ASST. PF COMMISSIONER, KOLLAM , TO THE GENERAL MANAGER OF THE KMML -TOWARDS THE COMPILATION OF SUPPLEMENTARY ANNUAL ACCOUNT. Exhibit P5 TRUE COPY OF THE TRANSFER OF APPLICATION IN FORM 10D UNDER EPFS- 1995 TOWARDS THE PETITIONER’S WAS SENT FROM THE EPFO- KOLLAM KL -TVPM, TO THE ASST PF COMMISSIONER ( PENSION ) KOCHI , DATED 07.08.2013. Exhibit P6 TRUE COPY OF THE PETITIONER’S PPO NO.KR/KCH/00078720 WAS SENT BY THE ASST P.F COMMISSIONER (PENSION) KOCHI, TO THE PETITIONER,DATED12.09.2013 Exhibit P7 TRUE COPY OF THE PETITIONER’S- LAST 12 MONTHS SALARY DETAILS WAS SENT BY THE ACCOUNT OFFICER OF THE KMML ALONG WITH WP(C) NO. 12960 OF 2025 6 2025:KER:30018 A CERTIFICATE DATED 03.12.2015 ,TO THE EPFO ,KOLLAM - KL-TVPM TOWARDS REVISING HIS PENSION. Exhibit P8 TRUE COPY OF A REPLY LETTER NO.TP/PD/P1-16/20 DATED 27.01.2020 HAS SENT BY THE PERSONNEL OFFICER OF THE KMML TO THE PETITIONER,ENCLOSED WITH A STATEMENT SHOWING HIS PENSION CONTRIBUTION HAD ALREADY PAID ALONG OTHER 4 RETIRED EMPLOYEES OF THE KMML,THEN SUBMITTED HIS FORM 10 D AND SUPPLEMENTARY FORM 7(PS) BEFORE THE EPFO,, KOLLAM AND ALSO REQUESTED FOR REVISING HIS PENSION. Exhibit P9 TRUE COPY OF THE LETTER ( NO KR/KLM/10315/ EXEMPTED /AB 3 (1)/ 2019- 2020 ) SENT BY THE ASST.PF COMMISSIONER TO THE DEPUTY GENERAL MANAGER OF KMML DATED 10.02.2020 TO REMIT PENAL DAMAGES & 7Q INTEREST FOR THE BELATED PAYMENT ALONG WITH SUPPORTING DOCUMENTS, IE, FOR THE REVISION OF PENSION OF THE PETITIONER. Exhibit P10 TRUE COPY OF A LETTER NO TP/PD/PL - 16/20 DATED 09.06.2020 WAS SENT FROM THE H.O.D (P& A/L ) OF THE KMML, TO THE REGIONAL PF COMMISSIONER,EPO,KOLLAM IN IT STATING REASONS AND REQUESTING SANCTION ENHANCED PENSION TO THE PETITIONER Exhibit P11 TRUE COPY OF LETTER NO. KR/KLM /10315 /EXEMPTED /AB3( 1) 2020-2021 DATED 11.11.2020 , SENT BY THE ASST.PF COMMISSIONER TO THE MANAGER (P& A) OF THE KMML KOLLAM TOWARDS THE REVISION OF PENSION IN RESPECT OF KMML RETIRED EMPLOYEES ,IN WHICH ALSO INCLUDING THE PETITIONER ‘S CASE, AND TYPED CPY Exhibit P12 TRUE COPY OF AN ORDER ISSUED FROM THE EPO,JABALPUR, DATED 26.06.2019 TO M/S HY-POWER ASSOCIATES, TOWARDS TO LEVY OF DAMAGES & INTEREST-FOR FAILED TO REMIT P.F CONTRIBUTION IN TIME - AS PER S.14 WP(C) NO. 12960 OF 2025 7 2025:KER:30018 B & ALSO.S. 7Q OF THE EPF & MP ACT,1952. Exhibit P13 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER UNDER RTI ACT,2005 BEFORE THE CENTRAL PUBLIC INFORMATION OFFICER- EPFO -FOR TO GET CERTAIN INFORMATION REGARDING HIS HIGHER PENSION AS SIMILAR THAT OF 4 OTHER RETIRED EMPLOYEES OF THE KMML TOGETHER HIS CONTRIBUTIONS BELATED REMITTED BY THE EMPLOYER - ATTACHED WITH ITS POSTAL ORDER & RECEIPT DATED11.08.2023 Exhibit P14 TRUE COPY OF REPLY OF INFORMATION GIVEN TO THE PETITIONER BY THE CENTRAL PIO UNDER RTI ACT 2005, DATED 11.09.2023 , FROM THE RO, EP FO, KOLLAM. Exhibit P15 TRUE COPY OF AN ORDER ( NO R1/29795/DMG/920) DATED 23.11.2023, U/S. 7Q OF THE EPF AND MP, ACT, 1952 IN DAIRY NO. 1331/2022 -ISSUED BY THE ASST PF COMMISSIONER TO AN EMPLOYER VIZ M/S UMA REFRIGERATION & ELECTRICAL. Exhibit P16 TRUE COPY OF AN ORDER ( NO.RJ/ 29795/DMG/919 DATED 23.11.2023 U/S . 14B OF THE EPF & MP ACT 1952 IN DAIRY NO. 1331/2022-ISSUED BY THE ASST PF COMMISSIONER TO AN EMPLOYER VIZ M/S UMA REFRIGERATION & ELECTRICAL. Exhibit P17 TRUE COPY OF THE LAST REQUEST MADE BY THE PETITIONER BEFORE, EPFO, RO, TVPM DATED 06. 06.2024 , ATTACHED WITH 5 DOCUMENTS,FOR TO REGULARIZE HIS PENSION. ITS EACH COPY WAS ALSO SENT TO THE 2ND & 5TH RESPONDENT HEREIN. Exhibit P18 TRUE COPY OF THE LETTER NO. KR/KOCHI/78720/PEN-11(4) 2024 / 7020/A -WAS SENT FROM THE EPFO OFFICE, KOCHI TO THE REGIONAL PF COMMISSIONER KOLLAM , FOR ENHANCEMENT OF THE PENSION TOWARDS THE PETITIONER HEREIN, DATED 31.07.2024. WP(C) NO. 12960 OF 2025 8 2025:KER:30018 Exhibit P19 TRUE COPY OF A REPLY OF REJECTION LETTER GIVEN BY THE REGIONAL PF COMMISSIONER , KOLLAM DATED 07.08.2024 TO THE PETITIONER. FOR HIS HIGHER PENSION, AFTER RECEIVING HIS HIGHER CONTRIBUTION FROM THE KMML. Exhibit P20 TRUE COPY OF A JUDGMENT DATED 25.10.2023 IN WP( C) NO 33235/2023 TOWARDS TO DISBURSE HIGHER PENSION IN THE LIGHT OF R.C.GUPTA CASE AND ALSO OF THE EPO AND ANOTHER VS SUNIL KUMAR.B AND OTHERS. Exhibit P21 TRUE COPY OF AN INTERIM ORDER IN WP( C )NO 33679/2024 TOWARDS DEDUCTION OF PENSION- MADE BY THE EPF-KOCHI WITHOUT CONSIDERING IN ITS PETITIONER ALONG WITH OTHER 1566 EMPLOYEES HIGHER CONTRIBUTIONS WERE RECEIVED FROM THE KMML OR WITH OUT ISSUING ANY NOTICE TO HIM. Exhibit P22 TRUE COPY OF A NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA SHOWING AN ORDER OF THIS HON’BLE COURT, IN WHICH EPFO CAN’T ABLE TO CURTAIL RETIRED EMPLOYEES PENSION. AFTER ACCEPTING FULL CONTRIBUTIONS FROM EMPLOYER & EMPLOYEES Exhibit P23 TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHOOMI DATED 05.10.2024 TOWARDS ORDER OF HON’BLE PUNJAB AND HARYANA HIGH COURT. TOWARDS EPF PENSION. Exhibit P24 TRUE COPY OF THE REVISED PENSION CALCULATION STATEMENT OF THE PETITIONER W.E.F. 15.01.2013 TO 15.01.2025 Exhibit P25 TRUE COPY OF THE FILE NO. PENSION /VI/PO HW /2024 -25 E FILE -951977/ DATED 18.01.2025. WAS SENT FROM EPFO,NEW DELHI TO ALL ACC ( HO ) ACCS, ZONAL OFFICES AND ALL RPFC/APFCS/OICS.REGIONAL OFFICES FOR CLARIFICATION ON POLICY ISSUES RELATED TO PROCESSING OF PENSION ON HIGHER WP(C) NO. 12960 OF 2025 9 2025:KER:30018 WAGES CASE.