VidhiSangh

Supreme Court of India · 04/11/2022

THE EMPLOYEES PROVIDENT FUND ORGANISATION & ANR. ETC. versus SUNIL KUMAR B. & ORS. ETC.

[2022] 11 S.C.R. 959 · 2021 INSC 422

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Summary

The Kerala, Rajasthan and Delhi High Courts had struck down the 2014 amendment to the Employees' Pension Scheme, 1995. A three-judge bench of the Supreme Court largely upheld it. The salary-based classification, the Rs 15,000 ceiling, the cut-off date and the 60-month average were held valid. The requirement that option members contribute 1.16% of salary above Rs 15,000 was ultra vires the 1952 Act, but that ruling was suspended for six months. R.C. Gupta was affirmed: the unamended scheme set no cut-off date. Members in service who had not exercised the old option may now opt under amended paragraph 11(4), and the Court extended the time by four months under Article 142. Exempted establishments' employees are covered alike. Those who retired before 1 September 2014 without opting get no benefit.

Issues

  1. Whether the Employees' Pension (Amendment) Scheme, 2014 notified by G.S.R. 609(E) dated 22.08.2014 was valid, including its salary ceiling, fresh-option requirement with a cut-off date and changed method of computing pensionable salary.
  2. Whether option members could be required to contribute 1.16% of salary above Rs 15,000 to the pension fund.
  3. Whether R.C. Gupta's holding that the unamended proviso to paragraph 11(3) fixed no cut-off date needed reconsideration, and whether employees of exempted establishments could opt for higher pension.

Provisions considered

Held

Result

Appeals allowed and the High Court judgments modified; G.S.R. 609(E) dated 22.08.2014 upheld save that the 1.16% employee contribution is ultra vires (operation suspended for six months); time to exercise the joint option under paragraph 11(4) extended by four months; R.C. Gupta to be implemented within eight weeks; writ petitions and contempt petitions disposed of in the same terms; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 959.