Regarding Eligibility of Pre-01.09.

2014 RETIREES for pension revision as per RC Gupta Judgement

25.11.2022
Public Notices were got published by EPFO, Chandigarh in various newspapers in English, Hindi & Punjabi Language
which were in circulation in the States of Punjab, Himachal Pradesh and UT Chandigarh on the directions of Pb. &
Hr. High Court to give vide publicity in daily newspaper. Copy of one such Public Notice as appeared in THE TRIBUNE,
Chandigarh on 25.01.2018 is being shared. Please go through this word by word. Please note the criteria mentioned
therein for the eligibility in very clear terms. These notices had also been placed on the record of Pb. & Hr. High
Court along with Affidavits and the lists of RETIREES whose pension had been revised in compliance of EPFO HQ
Circular dt. 23.03.2017 implementing the RC Gupta Judgement dt. 04.10.2016 after following due process of law i.e.,
approval from Central Board of Trustees (19.12.2016) and approval from MoL&E (16.03.2017).
Parveen Kohli
9810306699
 Am WW 9V IN THE HIGH COURT OF Jumcntrums
claimed zhould be submitted Io tho Deputy inn
ReQistrar before
ordinarily 11 am
3 be laid before
and
the Judge
wllll
FORTHE 5rATEsF PUNJABA
appointed to dispose the nppliccnlonsat i ll
HARYANA AT cHANDGARH
this class with his petition on the
iollawing
that on which the applicationis
day
presented
The application may however ll
specifically
the requestedand the reauons for
request stated be submitted tor orders
l
cm the day at presentation In no ccte
lmwevcr w ill an application re celved
alter To
ll am be submitted for orclers on the day
ofprcsontation The DeputyRegistrar
HighCourt 3

nTLEolCASE
Or0f5lrt1Vl l

No
CM 2o8 V

7V
Uy77
V

sh
Will you kindly treat the
petition as an
accompanying organ one
in accordance with the provisions
of Rule
9 Chapter3A Rule and Orderilgh
CourtVolumaV
I I

A t

2The grounds
ofonwccocy1
W

VNovrU0
miP A
W
6174ari
ceunre
an
V

AQ o 0
mallp1
Yours
A
r
fczlthfully
Q
Q leg V
V
1 t
Q
20 09l llwl
for
Q9
Petitioner
YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
 IN THE HONBLE HIGH COURT FOR THE STATES OF PUNJAB

AND HARYANA AT CHANDIGARH

Civil CWV
Writ Petition No
gtM
9316 OF 2017

Baljit Singh and others

mmPetitionors

Vs

Union of India ampothers

mmRospondonLs

I N D E X

7 7

Ez7a1ETiIs Dad Pageslcourt i

A

No
1 1 Fee
7qtgtgugt0gW O7 2018
Application for 1 12 316
2
placing on record
way of Short
H dwff

313
l1 3
Reply by QeO72018 i
t

Zfif9aYiAtd 5 I
3 Power of attorney is FE
1

t11eadytgtr13lt1it 1

Total court 1
6vO
1

Chandigarh Rajesh
Qlu Hooda
Dated 19072018 Advocate
Counsel the
for Respondent No2 amp3

Enrolment No P111709

7egg

YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
 IN THE HONBLE HIGH COURT FOR THE STATES OF PUNJAB

Civil CA
AND Writ AT Petition
HARYANA CHANDIGARH
No 9316 OF 2017
2
Baljit Singh and others

mmPetitioners

Vs

Union of India others

mmRespondents

Total court Fee

Chandigarh Rajesh Hooda

Dated Advocate
47Q
Counsel for the Respondent No2 3
Enrolment No P1317O2
YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
 l
IN THE HONBLE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYANA AT CHANDIGARH

CM No or 2018

Civil Writ Petition No

lCl9316 OF 2017

Baljit Singh and others

mmPetitioner
Vs

Union of India amp

others

mmRespondents

Application under Section 151

CPC for on record reply

placing

by way of short affidavit on

behalf of respondent No2 amp

3

Respectfully Showeth

1 That the above mentioned writ petition is

pending for hearing before this Honble Court on

10102018

2 That the applicantrespondent No2 amp3 want to

place on record reply by way of short affidavit for

proper adjudication of the writ petition reserving

liberty to file detail para wise reply if need so

YADVINDER SINGH
2018.07.26 15:47
arises
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
 I

It is therefore respectfully prayed that the

present application may kindly be allowed and the

reply by way of short affidavit on behalf of

respondent No2 amp3 be taken record

may kindly on

in the interest of justice

Note No affidavit is required

Chandigarh Rajesh
W Hooda
Dated1q73 Advocate
Counsel for the applicant
respondent No2 amp3

YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
 I 5
IN THE HONBLE HIGH COURT FOR THE STATES OF PUNJAB

ANDCivil Writ AT Petition

HARYANA No
CHANDIGARH 9316 OF 2017

Baljit Singh and others

mmPetitioner
Vs

Union of India amp

others

mmRespondents

Reply by way of short affidavit of

Shashank Kumar Panday Assistant

Provident Fund Commissioner

Chandigarh on behalf of respondent

no
2 3

deponent
7
the above named do hereby solemnly
as

MartiffJ h
and declare under

1 That the above mentioned writ petition has been

filed by the petitioners for quashing of Reply

dated 20032017 P8 whereby the claim of

the petitioners for grant of pension on higher

wages was
rejected Further prayer of the
YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH petitioners is to direct the EPF department to

an
 W V
divert the contributions from Provident Fund

account to Employees Pension Scheme1995 wef

16111995 on the basis of actual wages drawn

The ground taken by the petitioners is that

their employer has been depositing the

employees and employers share of contributions

on wage
the basis of actual wages without

ceiling Admittedly the employer the

and
employees have deposited the contributions on

the basis of higher salary irrespective of the

wage ceiling prescribed under the Act and the

Schemes Although the contribution was

deposited without prior permission of the

competent authority and without exercising any

prior option as per Clause 113 of the Pension

Scheme However now in View of the judgment of

Honble Supreme Court in SLP No 3303233033 of

2015 Ministry of Labour and Employment vide

dated

Vii Qletter V
16032017 conveyed its approval

x Rtoallow the members

j
of the Employees Pension
2 L J
Vscheme 1995 who had contributed on
higher

wages exceeding the statutory wage ceiling of

Rs 6500 in the Provident Fund to divert

833 of the salary exceeding Rs 6500 to the

Pension fund with up to date interest as

YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH declared under EPF Scheme 1952 from time to

P
 6
time to get the benefit of pension on higher

salary on receipt of the joint option of the

Employer and Employee

That the present writ petition has been filed

by the petitioners in this Honble Court to

further declare proviso to Clause 32 of

Employees Pension Scheme 1995 as ultra vires

to Section 6A2a of the Employees Provident

Fund Misc Provisions Act 1952 on the ground

that the diversion of 833 of Employers

contribution under Clause 32 of the Employees

Pension Scheme 1995 has been restricted to the

amount payable on
salary of Rs6500 whereas

in terms of Section 6A2a of the Employees

Provident Fund Misc Provisions Act 1952

contribution from the employer is to be payable

at the rate not exceeding 833 of the basic

wages dearness allowance and retaining

allowance without any wage limit The main

xgrouse of the petitioners is that their

has
paid the employers and employees

1
share on the full salary without any wage

plceiling and the provident department has been

accepting the same But for the purpose of

YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
diverting the dues to EPS1995 the dues have
PHHC CHANDIGARH

H
 b
been deposited on the basis of wage ceiling and

the excess amount has been considered as

erroneous and has been to

contribution diverted

their Provident Fund Account Their pension has

also been fixed on the basis of dues received

on the wage and not on the basis of

ceiling
dues received on full salary However in view

of the letter issued by Ministry of Labour and

Employment and circular issued by the office of

CPFC on 23032017 to grant the benefits in

view of judgment of Honble Supreme Court in

SLP No 3303233033 of 2015 the above issue

does not survive for consideration of this

Honble Court

That after the filing of the writ petition the

matter was taken up with the Ministry of Labour

and Employment by the CPFC and the same was

reconsidered in view of judgment of Honble

Supreme Court in SLP No 3303233033 of 2015

Ministry of Labour and Employment vide letter

dated 16032017 conveyed its approval to allow

the members of the Employees Pension Scheme

1995 who had contributed on higher wages

exceeding the statutory wage ceiling of Rs

YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF 6500 in the Provident Fund to divert 833
ORIGINAL
PHHC CHANDIGARH

e
 lt0 7

of the salary exceeding Rs 6500 to the

Pension fund with up to date interest as

declared under EPF Scheme 1952 from time to

time to get the benefit of pension on

higher

salary on receipt of the joint option of the

Employer and Employee Thereafter a circular

was issued the office of CPFC on 23032017

by
and it was directed to all the field offices

that in all the cases where the contribution

has been received on higher wages necessary

action should be taken according to the

judgment of Honble Supreme Court

4 That thereafter the present case alongwith

other bunch of cases were listed for hearing on

03052017 and the Honble Court was apprised

of the issuance of circular dated 23032017

and request was made to grant some time

finalise the modalities and procedure to be

TT
3 in

4
followed by the department This Honble Court

the order on 03052017

following
V
Learned

fy Provident
counsel

Fund
representing

Commissioner
the

states
Regional

that

the Central Board of Trustees has taken a

YADVINDER SINGH
decision to grant necessary relief to the
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
petitioners and approval from the Central
 K 8
Government has also been obtained

However at least four weeks time is

required to finalise the modalities to

give effect to that decision

5 That after the passing of the above order by

this Honble Court the matter with regard to

modalities and procedure to be followed by the

department was discussed at various levels

Certain difficulties also came to fore It was

found that all the Forms ie 3A monthly

return of employee and 6A annual return of

employee which are being send by the

establishments of each employee every month

are not the Because

available with department
as per the in the these
procedure department
forms are destroyed after expiry of 3 years as

it is not possible to keep all the forms of

each employee of every establishment In the

faK cases the forms 3A and 6A of all the

present

K1 o

Nbnu
employees
J last
thd are of
amount 1520
and necessary
each are to
years employee
refix the checkThese
pension
required andtoemployees
of forms
calculate
manually for
itjgxblculate
ythe
Further the case of each employee of every
YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH establishment is different and has to be

4
 I 0
processed manually after checking all the

details of deposits from Form 3A6A Faced with

such type of difficulties the EPF department

started issuing notices to all the

establishments to supply these forms of all the

employees as the same are maintained by the

establishments From July 2017 to October

2017 notices have been issued to as many as 92

establishments by the office of RPFC

Chandigarh seeking joint option of employer

and employees to supply forms 3A and 6A and to

ask the employees to redeposit the excess

amount withdrawn by them with upto date

interest as declared by the EPFO from time to

time

6 That in view of the issuance of notices to the

establishments from 9082017 to 20102017

required informationdeposits of 475 employees

of different establishments has already been

a
received and after manual calculations of each
0
fTK1
of the employee the pension is being refixed
2

4by the department and fresh PPO are being

issued But as case of each of the employee is

YADVINDER SINGH different and each case is being settled

2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
manually as there is no set prescribed
 7

u
employee
which
and
in
of
court
the
It
above
the
Show
is
the or
have
contributions
establishments
That benefitsome
also come
another
above
Cause
not
of
this
it exercise
contain
is alsoestablishments
Some are
isevery
process
Notices
for
to
process
whether
isto
information
havein
suchnot
know
the not
variousthe
cases
started
to
have
that
ishe
in mention
to
very
that
has
the
details are
been
have
false
restricted
mention
topension
available form
connivance
writ time
issued
each
heresome
ofirrespective
been 3Ahere
and
detected
that
to
is
and
information
with
false
with of every
such
becausethat
also
the
but
the
the
the
and to0
Further
formula
department
misleading
they
employees
facing fact
petitioners pertinent
just difficulty
being get
establishment
pertinentgranted
providing
being
higher is
department
giving
approached
only
petitions
providing
consuming
monthly
only 6A

nnual Return Form 6A and the department has to

then calculate the average monthly

YADVINDER SINGH contribution which is even more time

2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
consuming
E
 8 That on the basis of information received

cases some
of of the employees have already
been settled and revised PPO have already been

issued But as the entire process is being done

manually by cross checking details of each

months contribution for the last many years

the process is time consuming

9 That it is also pertinent to mention here that

the above exercise of refixing of pension is

being done strictly according to the judgment

of Honble Supreme Court only qua those

employees who had already paid the contribution

on wage
higheractual wages without ceiling

10 That when the present case

alongwith other

bunch of cases were listed for hearing before

this Honble Court on 06112017 this Honble

Court had directed the answering respondents to

give wide publicity in the press for inviting

from
I KyS
all the stakeholders In

pomplianceof the order dated 06112017 vide

made through various
M2 publicitywas newspapers

i5y issuing PUBLICATION on

25012018 as to

what are the formalities to be completed by the

YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
Establishmentsemployees Copies of the

1
 r W

notifications issued in this regard in various

newspapers have been on record

already placed
in CWP 1714 OF 2015 All the employees who are

eligible to get the pension on the basis of

higher wages have been asked to provide the

required information at the earliest so that

necessary action in this regard can be taken

11 That after the issuance of above mentioned

publications department has received total

3683 claims till date as on 1072018 and out

of them 467 claim have been found to be

ineligible 286 demand letters have issued to

the members In 229 cases the payment is

received and 215 cases have been settled and in

14 cases generation of PPO is under process

1348 cases have been returned to the employer

for lack of complete information 1582 are

under scrutiny for verification of records

That the entire process of getting the joint

K
option of Employer and Employee getting the

return of employee and Form

form 3A monthly

annual return of employee from the

for the entire period of service of

employee calculating the amount to be

YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH deposited back by the employees with upto date

1
 b
interest and checking and calculating the

entire details is very cumbersome and time

consuming process

13 That in view of the facts explained above the

present writ petition may be disposed of with

the direction that the answering respondents

will pay the revised pension to the petitioners

within 46 months of receipt of complete

informationamount with upto date interest

from the employer and the employees

49
Place Deponent
HA
Dated2ooiog
VERIFICATION

Verified that the contents of my above

gkaffidavit are true and correct to my knowledge as

v I

pi 5 from
the official record and no
part of it
s o
i3 wrongand nothing has been concealed therein

Place 10
Dated
2o039a

25 1
Ekhow
J I

I V

YADVINDER SINGH
6 2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
 Application tor which urgency is
IN THE HIGH COUR1 or JUDICATURE

r appointed be izoform the Judge I

T ordinarily laid
to disposethe nppllccniensoi
HARYANA AT CHANDGARH
thls class with his petition on yhu day
presentedthat on which the application
following Isl
The

application may however if

specically requestedand the reasons for i
the
a
request stated be submitted ior orders 3
bri the day of presentation in no cage
howeverwill an
ll ambe submitted received after To
oipresentatlon for orciers on the day The DeputyRegistrar
HighCourt Chandiarh
rrna 3
orcAss I
w
C7VM Na 6 la8 In alrr I

S0 M vg
0
Ow4 O660 1711
UP0n Q
ZQ

Sir V
Wlll you kindly treat the
accompanying petition ason urgent one
in accordance with the provlgionsof Rule
9 Chapter3A Rule and Order High
CourtVoiumoV
2The groundsof urgency are

Ur 90 VbCoafO
i

4 NW
1
V

is
fr
Z9
jg
MnQkR1uzawe
A

Yours

I l
M

5iL
ifli7 H0004
Advocate
for Petitioner
YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH

JR
 IN THE HONBLE HIGH COURT FOR THE STATES OF PUNJAB

AND HARYANA AT

Civil Writ Petition No

CHANDIGARH
vV 6660 OF 2011
0

Balwinder Singh and others

Vs Petitioners

Union of India ampothers

Respondents

I N D E X

Sr
N0 Particulars Dated Pages
CoEi
uk6e7Ham 1aaFe3mi
1 Application for 19072018 12
3i
u W

2 Reply by onwayrecord
Egaping of Short QB072018 313
Affidavit i H

3 Power of attorney is E9 V

aaaa

on i
alreasiy record Total court
it Fee 6f0 iI

Chandigarh
Dated 19072018 Advocate
Rajesh Hooda
Counsel for the Respondent No2 amp3

Enrolment No P131702

YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
 IN THE HONBLE HIGH COURT FOR THE STATES OF PUNJAB

AND HARYANA AT CHANDIGARH

Civil Writ Petition No 6660 OF 2017

Balwinder Singh and others

mmPetitioners

Vs

Union of India amp

others

mmRespondents

Total court Fee

Chandigarh Rajesh Hooda

Datedq1Q Advocate
Counsel for the Respondent No2 amp
3
Enrolment No P1317O2
YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
 IN THE HONBLE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYANA AT CHANDIGARH

CM or 2018
Noi
Civil Writ Petition No 6660 OF 2017

Balwinder Singh and others

mmPetitioner
Vs

Union of India amp

others

mmRespondents

Application under Section 151

CPC for placing on record reply

by way of short affidavit on

behalf of respondent No2 3

Respectfully Showeth

1 That the above mentioned writ petition is

pending for hearing before this Honble Court on

10102018

2 That the applicantrespondent No2 amp3 want to

place on record reply by way of short affidavit for

proper adjudication of the writ petition reserving

liberty to file detail para wise reply if need so

YADVINDER SINGH
2018.07.26 15:47
arises
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
 X
It is therefore respectfully prayed that the

present application may kindly be allowed and the

reply by way of short affidavit on behalf of

respondent No2 amp3 may kindly be taken on record

in the interest of justice

Note No affidavit is required

Chandigarh Rajesh Hooda

Datedq7 gag Advocate
Counsel for the applicant
respondent No2 amp3

YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
 IN THE HONBLE HIGH COURT FOR THE STATES OF PUNJAB

AND HARYANA AT CHANDIGARH

37 66

Civil Writ Petition

CNoW6660 OF 2017

Balwinder Singh and others

mmPetitioner
Vs

Union of India amp

others

mmRespondents

Reply by way of short affidavit of

Shashank Kumar Panday Assistant

Provident Fund Commissioner

Chandigarh on behalf of respondent

no 2 3

I the above named deponent do hereby solemnly

affirm and declare as under

l That the above mentioned writ petition has been

filed by the petitioners for quashing of order

1 V
x
25012017
3 P8 whereby the claim of
k JV
f
for grant of on
v petitioners
g pension higher
Q ges was Further prayer of the
rejected
I YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
1

ORIGINAL
PHHC CHANDIGARH
petitioners is to direct the EPF department to

eeEf
 H
divert the contributions from Provident Fund

account to Employees Pension Schemel995 wef

16111995 on the basis of actual wages drawn

The ground taken by the petitioners is that

their employer has been depositing the

employees and employers share of contributions

on the of actual wages wage

basis without

ceiling Admittedly the employer and the

employees have deposited the contributions on

the basis of higher salary irrespective of the

wage ceiling prescribed under the Act and the

Schemes Although the contribution was

deposited without prior permission of the

competent authority and without exercising any

prior option as per Clause 113 of the Pension

Scheme However now in view of the judgment of

Honble Supreme Court in SLP No 3303233033 of

2015 Ministry of Labour and Employment vide

letter dated 16032017 conveyed its approval

to allow the members of the Employees Pension

Scheme 1995 who had contributed on

higher
exceeding
iii the statutory wage ceiling of

6500 in the Provident Fund to divert

w
of the Rs 6500 to the
3 salary exceeding

ension fund with up to date interest as

YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL declared under EPF Scheme 1952 from time to
PHHC CHANDIGARH

1
 time to get the benefit of pension on
higher

salary on
receipt of the joint option of the

Employer and Employee

2 That the present writ petition has been filed

the
by petitioners in this Honble Court to

further declare proviso to Clause 32 of

Employees Pension Scheme 1995 as ultra vires

to Section 6A2a of the Employees Provident

Fund amp
Misc Provisions 1952 on the ground
Act

that the diversion of 833 of Employers

contribution under Clause 32 of the Employees

Pension Scheme 1995 has been restricted to the

amount payable on salary of Rs6500 whereas

in terms of Section 6A2a of the Employees

Provident Fund amp Provisions

Misc Act 1952

contribution from the employer is to be payable

at the rate not exceeding 833 of the basic

wages dearness allowance and retaining

allowance without any wage limit The main

grouse of the petitioners is that their

A
employer has paid the employers and employees
on the full without any wage
salary
zshare
fFg lt beiling
1
and the provident department has been

1 the same But for the purpose of

the dues to EPS1995 the dues have
2diverting
YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH

L
 A

been deposited on the basis of wage ceiling and

the excess amount has been considered as

erroneous contribution and has been diverted to

their Provident Fund Account Their pension has

also been fixed on the basis of dues received

on wage on
the ceiling and not the basis of

dues received on full salary However in view

of the letter issued by Ministry of Labour and

Employment and circular issued by the office of

CPFC on 23032017 to grant the benefits in

View of judgment of Honble Supreme Court in

SLP No 3303233033 of 2015 the above issue

does not survive for consideration of this

Honble Court

That after the filing of the writ petition the

matter was taken up with the Ministry of Labour

and Employment by the CPFC and the same was

reconsidered in View of judgment of Honble

Supreme Court in SLP No 3303233033 of 2015

Ministry of Labour and Employment vide letter

dated 16032017 conveyed its approval to allow

the members of the Employees Pension Scheme

on
1995 who had contributed higher wages

exceeding the statutory wage ceiling of Rs

YADVINDER SINGH
2018.07.26 15:47
6500
TRUE SCANNED COPY OF
ORIGINAL
in the Provident Fund to divert 833
PHHC CHANDIGARH

e
 it
of the salary exceeding Rs 6500 to the

Pension fund with up to date interest as

declared under EPF Scheme 1952 from time to

time to get the benefit of pension on

higher

salary on
receipt of the joint option of the

Employer and Employee Thereafter a circular

was the of CPFC on

issued by office 23032017

and it was directed to all the field offices

that in all the cases where the contribution

has been received on

higher wages necessary

action should be taken according to the

judgment of Honble Supreme Court

That thereafter the present case

alongwith

other bunch of cases were listed for hearing on

03052017 and the Honble Court was

apprised

of the issuance of circular dated 23032017

and request was made to grant some time

finalise the modalities and procedure to be

followed by the department This Honble Court

passed the following order on 030520l7

Learned counsel representing the Regional

Provident Fund Commissioner states that

the Central Board of Trustees has taken a

decision to grant necessary relief to the

YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH petitioners and approval from the Central

m
 Government has also been obtained

However at least four weeks time is

required to finalise the modalities to

give effect to that decision

5 That after the passing of the above order by

this Honble Court the matter with regard to

modalities and procedure to be followed by the

department was discussed at various levels

Certain difficulties also came to fore It was

found that all the Forms ie 3A monthly

return of employee and 6A annual return of

employee which are being send by the

establishments of each employee every month

are not with Because

available the department
as per the procedure in the department these

forms are
destroyed after expiry of 3 years as

it is not possible to keep all the forms of

each employee of every establishment In the

present cases the forms 3A and 6A of all the

employees are necessary to check and calculate

me the amount of each These forms for

employee
f K last
he J
1520 years are
required to manually

351ulate and refix the pension of

employees

YADVINDER SINGH
2018.07.26 15:47
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ORIGINAL
PHHC CHANDIGARH
is different and has to be

4
 y
9
processed manually after checking all the

details of deposits from Form 3A6A Faced with

such type of difficulties the EPF department

started issuing notices to all the

establishments to supply these forms of all the

employees as the same are maintained by the

establishments From July 2017 to October

2017 notices have been issued to as many as 92

establishments by the office of RPFC

Chandigarh seeking joint option of employer

and employees to supply forms 3A and 6A and to

ask the employees to redeposit the excess

amount withdrawn by them with date

upto

interest as declared by the EPFO from time to

time

6 That in view of the issuance of notices to the

establishments from 9082017 to 20102017

required informationdeposits of 475 employees

of different establishments has already been

received and after manual calculations of each

r
of the employee the pension is being refixed
are
ByK the department and fresh PPO being

dg sbuedBut as case of each of the employee is

Vxdhfferent
YADVINDER SINGH
2018.07.26 15:47
and each
case
is being settled
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
manually as there is no set prescribed

s
 P0
formula this process is very time consuming

It is also pertinent to mention here that the

above exercise is not being restricted only to

the petitioners in various writ petitions but

the benefit is being granted to each and every

employee of every establishment irrespective

of the fact whether he has approached the

court or not

That it is also pertinent to mention here that

in the above process the department is also

facing another difficulty that is some of the

establishments have started giving false and

misleading information in connivance with the

employees just to get higher pension because

they have come to know that the form 3A and 6A

which contain the details of monthly

contributions are not available with the

department some such cases have been detected

and Show Cause Notices have been issued to such

establishments for providing false information

Further some establishments are

only providing

Ahnual Return Form 6A and the department has to

calculate the average monthly

YADVINDER SINGH 1 even more

2018.07.26 15:47 contribution which is time
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
consuming
 A

employees
on on
cases process was
some
is cases made
Supreme
asfrom were
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case judgment
as
5 10
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also
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without
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answering
refixing
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already
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been
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done
each
already
pension
being
inviting to
In
is H
to completed by the
YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF Copies of the
ORIGINAL
PHHC CHANDIGARH

16
 17
notifications issued in this regard in various

newspapers have already been placed on record

in CWP 1714 OF 2015 All the employees who are

eligible to get the pension on the basis of

higher wages have been asked to provide the

required information at the earliest so that

necessary can
action in this regard be taken

11 That after the issuance of above mentioned

publications department has received total

3683 claims till date as on 1072018 and out

of them 467 claim have been found to be

ineligible 286 demand letters have issued to

the members In 229 cases the payment is

received and 215 cases have been settled and in

14 cases generation of PPO is under process

1348 cases have been returned to the employer

for lack of complete information 1582 are

under scrutiny for verification of records

12 That the entire process of getting the joint

option of Employer and Employee getting the

Form 3A monthly return of employee and Form

I

56A annual return of employee from the

for
the entire period of service of

calculating the amount to be

YADVINDER SINGH
2018.07.26 15:47
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PHHC CHANDIGARH

4
 0
interest and checking and calculating the

entire details is very cumbersome and time

consuming process

13 That in view of the facts explained above the

present writ petition may be disposed of with

the direction that the answering respondents

will pay the revised pension to the petitioners

within 46 months of receipt of complete

informationamount with upto date interest

from the employer and the employees

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YADVINDER SINGH
2018.07.26 15:47
TRUE SCANNED COPY OF
ORIGINAL
PHHC CHANDIGARH
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