EPFO Review Petition Dismissed Today by Delhi High Court Against EPS95 / EPS 95 Pension Hike EPF 2019 #EPS95 , #EPF , #EPFO , #DelhiHighCourt , #ReviewPetition
It is great now employees appointed after 2014 can also be member if EPF95.Long live BKNK sangh .In real sense taking care of staff of FCI.All the expenditure on fighting this case has been born by BKNK Sangh .No contribution from members .Hip hip hurray .
When the EPS litigations started in Kerala HC by the employees from FACT, Instrumentation Ltd., Kerala Newsprint etc., the main ground of EPFO opposing those petitions was the cut-off date i.e.1.12.2004. The same ground continued till 4.10.2016 when judgement in R.C. Gupta was delivered by Hon'ble Supreme court.
Meanwhile in Austin Joseph case issues including "WHETHER A PERSON, WHO CEASED TO BE A MEMBER OF PENSION FUND AND WHO NEVER EXERCISED THE OPTION OF PAYING CONTRIBUTION ON SALARY EXCEEDING RS.6500/= IS ENTITLED TO PENSIONABLE SALARY ON HIGHER SALARY & WHETHER DIRECTIONS FOR ACCEPTING PAST CONTRIBUTIONS From PENSIONERS WHO STOOD RETIRED AND WITHDRAWN ENTIRE AMOUNTS AND AS SUCH CEASED TO BE NEMBERS OF PENSION FUND CAN BE ISSUED BY THE KERALA HIGH COURT" were framed among the six questions of law by EPFO before Hon'ble Supreme court. The said SLP was dismissed on 12.7.2016 against EPFO..
Thereafter for the first time in their impugned letter dt.31.5.2017, the EPFO has brought in their new concept of "exempted" and "unexempted : category of employees on the EPS1995. It had been set aside by all High Courts so far.
Now, for the first time in thier Writ Appeal before the Hon'ble Madras High court, the EPFO has raised a plea of LIMITATION and inter alia says that EPS 1995 having been introduced in November 1995, after all these years the Pensioners should not be granted the EPS pension Relief.
Now that one SLP is pending in SC there is a likelihood of the EPFO raising the Limitation aspect there too.
So all concerned should take concerted efforts to oppose this Plea in their litigations before the concerned courts. Moreover the EPF & MP Act 1952 and the EPF Scheme and EPS Scheme 1995 do not stipulate any period of limitation which, if considered, will defeat the main purpose and object of the said Act. This is my view.
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