A very good judgment of Madras High Court (Madurai Bench) dated 12.08.2020.
In this judgment, the Court has very clearly ordered that RC Gupta case is squarely applicable and the EPFO advocate's contention citing some other pending cases (SLP 16721/2019) in Supreme Court is not acceptable. This will be an eye-opener Judgment for EPFO to wake up atleast now and to settle all pending claims in r/o atleast similarly placed pensioners from un-exempted establishments who attained the age of 58 prior to 01-09-2014
Quotes from the order worth reading:
The respondents have been directed to consider the petitioner's case in the light of R.C. Gupta's case. Therefore, the only question that arises for consideration is whether R.C. Gupta's case applies to the petitioner or not. I have no doubt whatsoever in my mind. The petitioner's case is similar in all respects to the factual matrix that obtained in R.C.Gupta's case. The petitioner also belongs to an un-exempted establishment. Deduction from the petitioner's entire salary without regard to the ceiling limit was also made right from 1992 to 2012.
Therefore, the very same exercise directed to be undertaken in R.C.Gupta's case will have to be undertaken in the case on hand also. It is not open to the respondents to cite the pendency of some more cases before the Hon'ble Supreme Court to defer adjudication of the issue on hand.
0 comments:
Post a Comment