PF pension case petitioned by Balwant Singh and others against Union of India and others with respect to writ petition CWP 4239 – 2023
Contents News/Article Date: 13th March 2023
Relating to which Act: The Employees Provident Funds & Miscellaneous Provisions Act, 1952;
Applicable to which State: All the establishments in the States with PF coverage
Type: Judgement given by Judge Manoj Bajaj in connection with a case filed by Balwant Singh and others against Union of India and others with respect to writ petition CWP 4239 – 2023
Pertains to: Establishments and Members of PF Fund and especially the petitioners
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And in this instance: This matter has been adjourned to 24/5/2023 on the basis of learned counsel Rajesh Hooda’s prayer for giving time to file the reply. The contention of the petitioner is that though the employees have contributed amounts under para 26(6) EPFO Scheme 1952, beyond the ceiling fixed, but their pension is not being fixed on the basis of the said deposit on the ground of lack of exercise of option under the pension scheme. In support of his contention, learned counsel has relied upon the decision dated 4/10/2006 rendered by the Honourable Supreme court in civil appeal nos. 10013 – 10014 of 2016 titled R C Gupta and others versus Regional Provident Fund Commissioner Employees Provident Fund Organization and others etc. to contend that the scheme is beneficial in nature, therefore it cannot be construed narrowly particularly when their deposits towards the provident fund scheme have already been accepted by the Provident Fund Commissioner.
Subject: PF pension case petitioned by Balwant Singh and others against Union of India and others with respect to writ petition CWP 4239 – 2023
Attached is the notification