Excerpt
In the present case, the High Court of Kerala in the case P.Sasikumar vs. Union of India quashed and set aside Employee’s Pension (Amendment) Scheme, 2014. Aggrieved by this order a Special Leave Petition was filed before the Himachal Pradesh Court. (should be Supreme Court) The Court upon observing various facts held that benefits of the Employees Pension Amendment Scheme shall remain alive only till a conclusive verdict is recorded.
Facts of the Case
A Special Leave Petition was filed before the Himachal Pradesh Court against the verdict made by the High Court of Kerala, where the Employee’s Pension (Amendment) Scheme, 2014 was quashed and set aside.
Arguments placed before Court
Learned counsel for the petitioners in their argument places on record, a copy of the verdict passed by the High Court of Kerala in case P.Sasikumar vs. Union of India where the Employee’s Pension (Amendment) Scheme, 2014 has been quashed and set aside. Learned counsel appearing for respondents No.2 and 3, submits that though a review petition is pending before the court, there is no stay against the verdict of Kerala High Court. Further, he stated that when the afore factum is combined with the factum of Hon’ble Apex Court then it may not be appropriate for this court to direct the Respondents to pay the revised pension.
Court’s Judgment
The Court observed that the benefits of the Employees Pension Amendment Scheme may be provisionally conferred upon the Petitioners and the benefits shall remain alive only till a conclusive verdict is recorded. The Court also observed that upon any adversarial decision against the employees, it may become difficult for the EPFO to realize the excess payment if any. Hence, there would be the disbursement of revised pension to the Petitioners by the Respondents. It shall also subject to a detailed affidavit being filed within one week in the Registry of the Court. It shall be also observed that any breach of this shall be open for the EPFO to prosecute for perjury and contempt of court.
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