Relevant Agenda Item No. 7 of the 229th Meeting of CBT to be held on 20.11.2021 - Status Note on litigations in Hon’ble Supreme Court on Higher Pension Cases.
1. In the last agenda placed before CBT, it was informed that “SLP No 8658‐8659 of 2019 was filed by EPFO against judgment dated 12.10.2018 of Hon’ble Kerala High Court in WP ©️ No 13120 of 2015 which set aside the 2014 amendments to the Employees’ Pension Scheme 1995. The Hon’ble Supreme Court vide its order dated 01.04.2019 dismissed the SLP filed by EPFO in limine.
2. EPFO preferred a Review Petition No 1430‐1431 of 2019 before Hon’ble Supreme Court against the order dated 01.04.2019 vide which the SLP was dismissed.
3. Union of India separately challenged the judgment dated 12.10.2018 of Hon’ble Kerala High Court in WP ©️ No 13120 of 2015 by way of SLP No 16721‐16722 of 2019 Union of India Vs Sunil Kumar B.
4. Vide order dated 12.07.2019, Hon’ble Supreme Court directed the Review Petition of EPFO and SLP of Union of India to be listed in open court.
5. Vide order dated 06.02.2020, Hon’ble Supreme Court further directed Contempt Petition No. 1917‐1918 in C.A. No 10013‐10014 of 2016 HPTDC Employees Union Vs Sunil Barthwal along with 42 Writ Petitions to be listed with Review Petition and SLP of Union of India.
6. Meanwhile, Hon’ble Kerala High Court taking note of submissions made by EPFO, observed that impugned judgment dated 12.10.2018 in P Sasikumar Vs Union of India suffers from incorrect application of legal principles and directed, vide its order dated 21.12.2020, to refer the matter to a full bench for re‐consideration.
7. Vide order dated 29.01.2021 in SLP No 16721‐16722 of 2019, Hon’ble Supreme Court allowed the Review Petition filed by EPFO and has also recalled its order dated 01.04.2019 vide which it has dismissed the SLP filed by EPFO challenging the order dated 12.10.2018 of Hon’ble High Court of Kerala.
8. Thereafter, Supreme Court Ordered on 24.08.2021 as under:‐
“9. These, and the other submissions touching upon the applicability of the principle laid down in the decision in R.C. Gupta go to the very root of the matter. Sitting in a Bench of two Judges it would not be appropriate for us to deal with said submissions. The logical course would be to refer all these matters to a Bench of at least three Judges so that appropriate decision can be arrived at.
10. The principal questions that arise for consideration are whether there would be a cut‐off date under paragraph 11(3) of the Employees’ Pension Scheme and whether the decision in R.C. Gupta would be the governing principle on the basis of which all these matters must be disposed of.”
9. Thus the matter was referred to a larger bench of Supreme Court.
10. The case was listed for hearing on 25th October 2021 before the Hon’ble Supreme Court. Thereafter no date has been fixed.
Proposal: Above status note is placed before the Central Board for information.
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