The CAMPCO Employees Union (BMS) V. Union of India and Employees Provident Fund Organisation and Regional Provident Fund Commissioner and Assistant PF Commissioner and Employees Provident Fund Organisation (Other than Bengaluru) and Goa and Employees Provident Fund Organisation, Regional Office and Employees Provident Fund Organisation, Sub Regional Office and Employees Provident Fund Organisation, Additional Central Provident Fund Commissioner, Karnataka and Goa and Employees Provident Fund Organisation, Regional Office, Kerala and Employees Provident Fund Organisation, Regional Office, West Bengal and The CAMCO Ltd.

WP/18886/2022

AI Insights

The case before the High Court of Karnataka involved The CAMPCO Employees Union (BMS) as the petitioner, who filed a writ petition under Articles 226 and 227 of the Constitution of India. The petition aimed to declare the entitlement of the petitioner to the payment of a monthly pension by determining the pensionable salary of its members as per the Employees' Pension Scheme (EPS) 1995. The respondents included various entities of the Employees Provident Fund Organisation and the Union of India. However, during the proceedings, the petitioner's counsel submitted a memo seeking leave to withdraw the petition, which was subsequently granted by the court.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 803841 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 18-04-2023
• Assessment Year: misc
• Laws Referred To: Article 226, Article 227
• Result in Favour of: Applicant
• Court: HIGH COURT
• Department Lawyers: POOJAPPA; NANDITHA HALDIPUR
• Assessee Lawyers: K RANJAN KUMAR
• Keywords: Monthly pension; Pensionable salary; EPS scheme 1995

Judgement Text

" - 1 - WP No. 18886 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF APRIL, 2023 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 18886 OF 2022 (L-PF) BETWEEN: THE CAMPCO EMPLOYEES UNION (BMS), VARANASHI TOWERS, MISSION STREET, MANGALURU -575 001, KARNATAKA, REPRESENTED BY ITS PRESIDENT, SRI. MR. CHANDRAHASA MD, S/O LATE DAYANANDAN, AGED ABOUT 49 YEARS. …PETITIONER (BY SRI. K RANJAN KUMAR, ADVOCATE) AND: 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, TO GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND DEPARTMENT OF EMPLOYMENT, NEW DELHI - 110 001. 2. EMPLOYEES PROVIDENT FUND ORGANISATION, MINISTRY OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA, HEAD OFFICE, BHAVISHYA NIDHI BHAVAN, Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - WP No. 18886 of 2022 14, BHIKAJI CAMA PLACE, NEW DELHI - 110 066. 3. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR (GOVT. OF INDIA), BHAVISHYA NIDHI BHAVAN, POST BOX NO.572, SILVA ROAD, HIGHLANDS, MANGALORE - 575 002. 4. THE ASSISTANT PF COMMISSIONER, O/O THE RPF COMMISSIONER, SILVA ROAD, HIGHLANDS, MANGALORE - 575 002. 5. EMPLOYEES PROVIDENT FUND ORGANISATION, (MINISTRY OF LABOUR AND EMPLOYMENT, GOVT. OF INDIA). OFFICE OF THE ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, KARNATAKA (OTHER THAN BENGALURU) AND GOA, BHAVISHYA NIDHI BHAVAN, NEW BLOCK NO.10, BEHIND INCOME TAX OFFICE, NAVNAGAR HUBLI - 580 025. 6. EMPLOYEES PROVIDENT FUND ORGANISATION, (MINISTRY OF LABOUR AND EMPLOYMENT, GOVT. OF INDIA) REGIONAL OFFICE, 2ND AND 3RD FLOOR, TULUNADU TOWERS, COURT ROAD, UDUPI - 576 101. - 3 - WP No. 18886 of 2022 7. EMPLOYEES PROVIDENT FUND ORGANISATION, (MINISTRY OF LABOUR AND EMPLOYMENT, GOVT OF INDIA), GROUND FLOOR, BHAVISHYA NIDHI BHAVAN, POTTAKUZHY RD, PATTOM, THIRUVANTHAPURAM KERALA - 695 004. 8. EPF SUB REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION, (MINISTRY OF LABOUR AND EMPLOYMENT, GOVT OF INDIA), PONNAMMA CHAMBERS, PRAMESWAR NAGAR, KOLLAM - 691 001. 9. EMPLOYEES PROVIDENT FUND ORGANISATION (MINISTRY OF LABOUR AND EMPLOYMENT, GOVT OF INDIA), ADITHYA SHABARI, POST OFFICE ROAD, THIRUNAKARA, KOTTAYAM, KERALA - 686 001. 10. EMPLOYEES PROVIDENT FUND ORGANISATION, (MINISTRY OF LABOUR AND EMPLOYMENT, GOVT OF INDIA), 36/685-A, BHAVISHYA NIDHI BHAVAN, POST BOX NO.1895, KALOOR, KOCHI - 682 017 (KERALA). 11. EMPLOYEES PROVIDENT FUND ORGANISATION, (MINISTRY OF LABOUR AND EMPLOYMENT, GOVT OF INDIA), BHAVISHYA NIDHI BHAWAN, - 4 - WP No. 18886 of 2022 YASHORAM CHAMBERS, RATHNAGIRI ROAD, OPP. MES COLLEGE, CHIKMAGALURU - 577 101. 12. EMPLOYEES PROVIDENT FUND ORGANISATION, (MINISTRY OF LABOUR AND EMPLOYMENT, GOVT OF INDIA) BHAVISHYANIDHI BHAWAN, NADAKKAVU - MINI BYPASS ROAD, NEAR PASSPORT OFFICE, ERANHIPPALAM KOZHIKODE, KERALA - 673 006. 13. EMPLOYEES PROVIDENT FUND ORGANISATION (MINISTRY OF LABOUR AND EMPLOYMENT, GOVT OF INDIA) REGIONAL OFFICE, BHAVISHYANIDHI BHAWAN, D K BLOCK, SECTOR-II, SALT LAKE CITY, NEAR KARUNAMOYEE BUS STOP (WEST BENGAL ), KOLKATA - 700 091. 14. THE CAMCO LTD., REPRESENTED BY ITS MANAGING DIRECTOR, VARANASI TOWERS, MISSION STREET, MANGALURU, D K DISTRICT - 575 001. …RESPONDENTS (BY SRI. POOJAPPA, CGSC FOR R1; SMT. NANDITHA HALDIPUR, ADVOCATE FOR R2 AND R3 AND ALSO R4 TO R13; R14 - SERVED) - 5 - WP No. 18886 of 2022 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARING THAT THE PETITIONER IS ENTITLED TO PAYMENT OF MONTHLY PENSION BY DETERMINING PENSIONABLE SALARY OF THE PETITIONER MEMBERS AS PER THE EPS SCHEME 1995 ON THE TOTAL SALARY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Learned counsel for the petitioner has filed a memo seeking leave of this Court to withdraw the petition. Accordingly, petition is dismissed as withdrawn. Sd/- JUDGE RKA List No.: 1 Sl No.: 14 CT: BHK "