R. Sivakumar v. The Employees Provident Fund Organisation

NC:(2026:KHC:20501( WP(No.(32215(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(15 (DAY(OF(APRIL,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(ANANT(RAMANATH(HEGDE( WRIT(PETITION(NO.(32215(OF(2025((L-PF)( BETWEEN:(( (

1., R.,SIVAKUMAR, S/O,S.,RAJAGOPAL,,AGED,ABOUT,60,YEARS,,, RESIDING,AT,PLOT,NO.,53,,D,NO.,2917,, RAMALINGAPURAM,,REDDY,PALAYAM,ROAD,, THANJAVUR,,TAMIL,NADU,613004., ,

2., P.,SIVAKUMAR, S/O,V.,PICHUMANI,,AGED,ABOUT,55,YEARS,,, RESIDING,AT,SHIVARAMKRUPA,,79A/2-1,,

POOSAMARATHUKKADU,,KANNANKURICHI,,, SALEM,,TAMIL,NADU,-,636008., ,

3., PARMINDER,SINGH,, S/O,BALDEV,SINGH,,AGED,ABOUT,58,YEARS,,, RESIDING,AT,2/53-C,SHANKAR,COLONY,,,

NEAR,CGR,MALL,,SRI,GANGANAGAR,,, RAJASTHAN,335001.,Digitallytisigned by0BELUR , RANGADHAMA

4., DILLIP,KUMAR,MOHARANA,NANDINI Location:0HIGH S/O,LATE,NIRANJAN,MOHARANA,,, COURT0OF AGED,58,YEARS,, KARNATAKA RESIDING,AT,BIDYADHAR,PUR,,, NEAR,GIRLS',HIGH,SCHOOL,,NAYA,BAZAR,,, CUTTACK,,ODISHA,-,753004., ,

5., E.,P.,SHIBU, S/O,KUTTY,RAMAN,C,,, AGED,50,YEARS,, RESIDING,AT,PRANAVAM,(H),,TRA,196,, THAMARAKUZHI,,MALAPPURAM,,KERALA,-,676505., NC:(2026:KHC:20501( WP(No.(32215(of(2025( ( , ,,HC-KAR( ( (

6., ASHWIN,NAVANITLAL,SHAH, S/O,NAVANITLAL,SHAH,,AGED,64,YEARS,, RESIDING,AT,191,SHUKRAWAR,PETH,, YOGESHWARPARK,CO-OP,HSG.,SOCIETY,,, FLAT,NO.,18,,PUNE,,MAHARASHTRA,-,411002., ,

7., DATTANI,MADHUSUDAN,(M.,N.,DATTANI), S/O,NATHALAL,DATTANI,,, AGED,56,YEARS,RESIDING,AT,11,,, UMIYA,SOCIETY,,GIRIRAJ,SOCIETY,MAIN,ROAD,,, OPP.,JAIN,UPASHRAY,,JUNAGADH,,, GUJARAT,-,362001., ,

8., RATHOD,NIMISH,KISHORCHANDRA, S/O,KISHORCHANDRA,BHAI,,, AGED,55,YEARS,RESIDING,AT,UTSAV,,, 5,PATEL,COLONY,,ROAD,NO.,2,,, OPP.,RANGMATI,APARTMENT,,JAMNAGAR,,, GUJARAT,-,361008., ,

9., RAMESHCHANDRA,MANISHKUMAR,PATADIYA, S/O,RAMESHCHANDRA,C.,PATADIYA,,, AGED,51,YEARS,RESIDING,AT,D-46,,, AALAP,GREEN,CITY,,RAIYA,ROAD,,RAJKOT,,, GUJARAT,360005., ,

10., SHETH,PARASKUMAR,RAJINIKANTH, S/O,RAJNIKANT,SHETH,,, AGED,55,YEARS,RESIDING,AT,10,,, JANKI,DUPLEX,,NEAR,REVAPARK,GARDEN,,, BEHIND,D-MART,,WAGHODIA,ROAD,,, VADODARA,,GUJARAT,-,390025., ,

11., VARGHESE,C.,V., S/O,C.,R.,VARGHESE,,AGED,61,YEARS,, RESIDING,AT,CHERUPILLY,HOUSE,,, 425,A,,12/423/21,,S1-ROYAL,APARTMENT,, GOSAIKUNNU,,ST.,MARTIN,STREET,,, KURIACHIRA,,THRISSUR,,KERALA,680006., NC:(2026:KHC:20501( WP(No.(32215(of(2025( ( , ,,HC-KAR( ( (

12., UMANG,KIRTIBHAI,UPADHYAY, S/O,KIRITKUMAR,,AGED,50,YEARS,, RESIDING,AT,EDEN,A-502,,, GODREJ,GARDEN,CITY,,BEHIND,NIRMA,UNIVERSITY,,, JAGATPUR,,CHANDKHEDA,,AHMEDABAD,,, GUJARAT,-,382470, ,

13., JOSHY,K.,S., S/O,SUBHRAMANIAN,K.,K.,,, AGED,68,YEARS,RESIDING,AT,GEETHANJALI,,, KATTUPARAMPIL,HOUSE,,, O.,PATHAZHAKKADU,,THRISSUR,, KERALA,-,680668., ,

14., FIROZ,KHAN,N.K, S/O,UMMER,N.,K.,,AGED,55,YEARS,, RESIDING,AT,ROSE,VILLA,KUTTIPPURAM,POST,,, MALAPPURAM,DISTRICT,,KERALA,679571., ,

15., BASIL,PETER, S/O,C.,B.,PETER,,AGED,61,YEARS,, RESIDING,AT,CHARANGHAT,HOUSE,,, 16/1905,,PATEL,MARKET,ROAD,,, THOPPUMADY,,KOCHI,,KERALA,682005., ,

16., SRINIVASAN,SESHAM, S/O,LAKSHMANA,SWAMY,,AGED,64,YEARS, RESIDING,AT,PLOT,NO.,16,,, NEAR,GATE,NO.,6,,, PRAJAY,WATERFRONT,PHASE-2,,, MURAHARIPALLY,,TURKAPALLY,POST,,, SHAMIRPET,MANDAL,,MEDCHAL-MALKAJIGIRI,DT.,, HYDERABAD,,TELANGANA,500101., ,

17., AMITABH,CHAKRAVORTY, S/O,SRI,D.K.,CHAKRAVORTY,,, AGED,53,YEARS,RESIDING,AT,297,,, 10TH,STREET,,RAJENDRA,NAGAR,,, LUCKNOW,,UTTAR,PRADESH,-,226004., , NC:(2026:KHC:20501( WP(No.(32215(of(2025( ( , ,,HC-KAR( ( (

18., R.,BHASKARAN, S/O,RAJAGOPALAN,,AGED,64,YEARS,, RESIDING,AT,5A,SAI,AISHWARYAM,, FLAT,NO.,102,,FIRST,FLOOR,,, RAJAJI,NAGAR,FIRST,STREET,,, RAJAJI,NAGAR,,THIRUVANMIYUR,,, CHENNAI,,TAMIL,NADU,-,600041., ,

19., VIKRANT,SINGHAI, S/O,K.,L.,JAIN,,AGED,51,YEARS,, RESIDING,AT,B-16,,RSEB,COLONY,,, VAISHALI,NAGAR,,JAIPUR,,RAJASTHAN,302021., ,

20., SUBIR,DEY, S/O,LATE,SHREEPATHI,DEY,AGED,59,YEARS,, RESIDING,AT,NORTH,OFFICE,, PARA,BEHIND,MAA,DURGA,APARTMENT,, DORANDA,RANCHI,JHARKHAND,834002., ,

21., PUNIT,BAIJAL, S/O,GOVIND,PRASAD,BAIJAL,,, AGED,55,YEARS, RESIDING,AT,13/315,,MUNSHI,PULIA,,INDIRA, NAGAR,,LUCKNOW,,UTTAR,PRADESH,-,226016., ,

22., INAPURAPU,SESHU,KUMAR, S/O,I.S.N.,MURTHY,,AGED,52,YEARS,, RESIDING,AT,4-1/57,,B-301,,, COMFORT,HOMES,,PURSHOTHAPURAM,, VISAKHAPATNAM,,ANDHRA,PRADESH,-,530051., ,

23., DAKSHINAMURTHY,POPURI, S/O,NARAYANAMURTHY,POPURI,,, AGED,55,YEARS,RESIDING,AT,301,,, SUNSHINE,ENCLAVE,,VARANASIVARI,STREET,, TANUKU,,ANDHRA,PRADESH,-,534211., ,

24., RANDHIR,KUMAR, S/O,LATE,BIRENDRA,PRASAD,SINGH,,, AGED,55,YEARS,,RESIDING,AT,PROFESSOR'S, NC:(2026:KHC:20501( WP(No.(32215(of(2025( ( , ,,HC-KAR( ( ( COLONY,,POWER,HOUSE,ROAD,,BEGUSARAI,,, BIHAR-851101., ,

25., PENUGONDA,NARAYANA,MURTHY, S/O,HARINARAYANAM,,, AGED,61,YEARS,RESIDING,AT,S-6,,, MARUTI,TOWERS,,AYODHYA,NAGAR,,, PALAGANI,STREET,,VIJAYAWADA,,, ANDHRA,PRADESH,-,520003., ,

26., MANOJ,SHARMA, S/O,SHREE,A.K.,SHARMA,,, AGED,50,YEARS,,RESIDING,AT,SA5/40,K-7,,, SANJAY,NAGAR,COLONY,,, AKTHA,DAULATPUR,ROAD,,, VARANASI,,UTTAR,PRADESH,-,221007., ,

27., MAYANK,ZAVERI, S/O,SHRI,B.D.,ZAVERI,,, AGED,49,YEARS,,RESIDING,AT,N,8/236,A53,,, GANESHDHAM,COLONY,,NEWADA,,, SUNDERPUR,,VARANASI,,, UTTAR,PRADESH,-,221005., ,

28., SANJAY,KUMAR,SINHA, S/O,LATE,MAHESHWAR,PRASAD,SINHA,,, AGED,54,YEARS,, RESIDING,AT,OPP.,JAYMANGA,STORE,,, NEW,CHANAKYA,NAGAR,,MAHMAD,PUR,,, VISHNPUR,PUR,,BEGUSARAI,,BIHAR,-,851129., ,

29., PRASHANT,VITTHAL,WANI, S/O,VITTHAL,LAXMAN,WANI,,, AGED,56,YEARS,RESIDING,AT,19/A,,, GADGE,BABA,COLONY,,, DATTA,MANDIR,CHAUK,,DEOPUR,,DHULE,, MAHARASHTRA,-,424005., ,

30., TAPAN,KUMAR, S/O,AWADH,NANDAN,PRASAD,, NC:(2026:KHC:20501( WP(No.(32215(of(2025( ( , ,,HC-KAR( ( ( AGED,58,YEARS,RESIDING,AT,63,REGENCY, GARDENS,,1F,NEW,PATIPUTRA,COLONY,PATNA, BIHAR,80013., ,

31., ATUL,KUMAR,SINHA,, S/O,LATE,ASHWINI,KUMAR,SINHA,,, AGE,61,YEARS,,RESIDING,AT,FLAT,NO.,504,, VASUNDHARA,PALACE, ASHIANA,DIGHA,ROAD,PATNA,80025., …PETITIONERS, (BY,SRI,L,MURALIDHAR,PESHWA,,ADVOCATE), AND:( (

1., THE,EMPLOYEES,PROVIDENT,FUND,ORGANISATION, (A,STATUTORY,BODY,UNDER,THE,MINISTRY,OF, LABOUR,AND,EMPLOYMENT,,UNION,OF,INDIA), (REPRESENTED,BY,REGIONAL,PROVIDENT, COMMISSIONER),HAVING,ITS,OFFICE,AT,, ST2,,MARUTHI,COMPLEX,,1 ,,A,MAIN,,HIG,A,SECTOR, (NEAR,SBI),,YELAHANKA,NEW,TOWN,,, BENGALURU-560064., ,

2., ASTRA,ZENECA,PHARMA,INDIA,LTD.,, (REGISTERED,UNDER,COMPANIES,ACT,,1956), THHAVING,ITS,OFFICE,AT,,BLOCK,N1,,12 ,,FLOOR,, MANYATA,EMBASSY,BUSINESS,PARK,, RACHENAHALLI,,OUTER,RING,ROAD,,, BANGALORE-560045,, (REPRESENTED,BY,ITS,DIRECTOR)., …RESPONDENTS, (BY,SMT,SHWETHA,ANAND,,ADVOCATE,FOR,R1,,, ,SRI,K,N,VASUKI,,ADVOCATE,FOR,, ,SRI,B,C,PRABHAKAR,,ADVOCATE,FOR,R2), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLE,226,OF,THE, CONSTITUTION,OF,INDIA,PRAYING,TO,1.,A,WRIT,OF,MANDAMUS,OR, ANY,OTHER,WRIT,OR,DIRECTIONS,DIRECTING,THE,1,RESPONDENT, TO, APPROVE, THE, APPLICATIONS/JOINT, DECLARATION, AS, SHOWN, IN, ANNEX-D, SERIES, OF, THE, PETITIONERS, FOR, GETTING, THE, HIGHER,PENSION,ON,HIGHER,WAGES,AND,ETC.,,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER This petition is filed seeking writ of mandamus or any other direction to direct the first respondent/Employees Provident Fund Organization to approve the applications/joint declaration marked at Annexure-D series filed by the petitioners.

¶2The writ of mandamus is also sought against 1st respondent to provide the details to the petitioners relating to payment of balance amount to be paid to avail the benefits of higher pension on higher wages.

¶3Heard the learned counsel appearing for the petitioners as well as the learned counsel appearing for respondent No.1/Employees Provident Fund Organization and respondent No.2/the employer of the petitioners.

¶4Petitioners are the former employees of respondent No.2. This fact is not in dispute. It appears that the petitioners are making a claim under the Provisions of Employees'

Provident Funds and Miscellaneous Provisions Act, 1952 (Act, 1952) as well as the Employees' Pension Scheme, 1995 (Scheme, 1995).

¶5Petitioners claim that they have made a joint application along with respondent No.2 to seek the benefit of the aforementioned Act, 1952 as well as the Scheme, 1995. In terms of the endorsement dated 24.01.2025, the petitioners claim is rejected.

¶6The relevant paragraph of the said endorsement dated 24.02.2025 marked at Annexure - G reads as under: "The applications were checked and found that the establishment has not submitted the documentary proofs till date of payment of deposit of Provident fund/Pension Fund on higher wages during whole service as mentioned in application for further processing of same".

¶7It is submitted by the learned counsel for respondent No.1 that 2nd respondent is not an exempted Establishment.

¶8Learned counsel appearing for the petitioner would submit that the endorsement does not assign specific reasons for rejection and endorsement is vague. It is further submitted that the records are with 1st respondent or 2nd respondent. All the documents which are necessary for processing the application under the Act, 1952 and the Scheme, 1995 are produced and the endorsement is untenable.

¶9Learned counsel appearing for respondent No.2 would refer to the letter dated 24.01.2025 addressed by 1st respondent marked at Annexure-R.3. The said letter directs 2nd respondent - employer to furnish certain records relating to the contributions said to have been made to the Provident Fund Organisation.

¶10The last paragraph of the said letter reads as under: "In this regard, you are directed to submit supporting documents as stated above on the above specified points with respect to each member/ Pensioner in respect of whom you have received/ forwarded the application for Pension on Higher Wages separately, within 3 days so that the Application for Joint Option may be considered, further".

¶11The 2nd respondent addressed a letter dated

28.01.2025 to 1st respondent -Provident Fund Organization seeking extension of time on the premise that the details sought for, cover more than 30 years and the data cannot be collected within a short span of 3 days and sought eight weeks time to submit the details.

¶12Learned counsel for 2nd respondent would submit that after having granted 3 days time from 28.01.2025, 1st respondent has proceeded to reject the application on the very same day on 24.01.2025 without even waiting for 3 days to comply the requirement.

¶13Learned counsel for 1st respondent - Organization would submit that there is no contribution made by 2nd respondent as can be seen from Annexure-D series documents. It is submitted that the documents at Annexure-D series would indicate that the contribution from November 1995 till November, 2015 is zero and contribution is reflected only from December, 2015 onwards. It is further submitted that since documents are not furnished as required, 1st respondent is justified in rejecting the application.

¶14Learned counsel appearing for the petitioner and the learned counsel appearing for 2nd respondent by way of reply would submit that the documents marked at Exhibit - D series are the documents maintained by respondent No.1 and not 2nd respondent or the petitioner.

¶15Learned counsel for 2nd respondent on instructions would submit that the employer has the documents to support their claim relating to the contribution made since 1995 and seeks short accommodation to furnish all those records before 1st respondent.

¶16The Court has considered the contentions raised at the Bar and perused the records.

¶17Admittedly, the impugned endorsement dated

24.01.2025 is passed without affording reasonable time to respondent No.2 to produce the records. The letter addressed to respondent No.2 on 24.01.2025 would indicate that 3 days time is granted to respondent No.2 to furnish the necessary records. However, the document at Annexure - G issued to the petitioner would indicate that the claim is rejected on

24.01.2025 itself.

¶18The Court is also of the view that 3 days' time is not sufficient to furnish the records sought by 1st respondent, since, the records sought are relating to payment/contribution made to various employees of 2nd respondent, 1st respondent ought to have granted a reasonable time to furnish the information and the documents/data.

¶19This being the position, the petition has to be allowed and appropriate direction has to be issued to 1st and 2nd respondent. Though there is no formal challenge to the endorsement dated 24.01.2025, considering the materials on record, this Court is of the view that the endorsement is untenable.

¶20Hence the following: ORDER

(i) Writ Petition is allowed in part.

(ii) First respondent is directed to consider the application/joint declaration submitted by the petitioners and second respondent within 3 months from today.

(iii) The second respondent shall furnish the necessary documents as contemplated under law within 30 days from today.

(iv) The first respondent shall consider the application within 90 days from the date of receipt of the records from the second respondent.

(v) If, for any valid reason, second respondent is not in a position to furnish the necessary documents, second respondent is at liberty to move this Court for extension of time.

(vi) On receipt of such documents, the first respondent shall proceed to consider the claim as advised in law.

Sd/- (ANANT RAMANATH HEGDE) JUDGE brn List No.: 1